oct dec 2010 financial services industry law updates
DESCRIPTION
Financial Services Industry Monthly Bulletin October - December 2010TRANSCRIPT
October - December 2010
Financial Services Industry
Monthly Bulletin
III Domestic regulatory proposals
1 Banking
2 Private pensions
3 Capital Markets
IV International regulatory
proposals measures
1 Banking
2 Insurance
3 Capital Markets
Contents
I Domestic regulatory updates
1 Banking
2 Insurance
3 Private pensions
4 Capital Markets
II International regulatory updates
1 Banking
2 Capital Markets
Domestic regulatory
updates
Banking
Issuer National Bank of Romania
(ldquoNBRrdquo)
NBR established the level of the reference
interest rate applicable for October 2010
NBR enacted Circular no 322010 regarding the level of the reference interest rate valid for October 2010 According to the above mentioned Circular the reference interest rate valid for October 2010 was set at 625 per year The Circular was published in the Official
Gazette no 67101102010 and may be accessed here NBR established the level of the interest rates paid for the minimum mandatory reserves for 24 September - 23 October 2010
NBR enacted Circular no 342010 regarding the interest rates paid on minimum mandatory reserves for the period 24 September - 23 October 2010 described further below as follows
163 per year for minimum mandatory reserves established in RON
103 per year for minimum mandatory reserves established in Euro
059 per year for minimum mandatory reserves established in US dollars
The said Circular was published in the Official Gazette no 70221102010 and may be accessed here NBR repealed several legislative acts in financial ndash accounting field
NBR enacted Regulation no 2418102010 repealing several regulations issued by NBR in the financial ndash accounting field The Regulation was published in the Official Gazette no
70622102010 and may be accessed here
NBR has amended the regulatory framework regarding the treatment of credit risk according to standard approach
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 12192010
regarding the amendment of joint NBRNSC
Regulation no 14192006 regarding the
treatment of credit risk for credit institutions
and investments firms according to standard
approach The Regulation mentioned above
has been published in the Official Gazette no
72501112010 and may be accessed here
NBR has amended the regulatory
framework regarding risk treatment based
on internal rating models
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 13202010
regarding the amendment of joint NBRNSC
Regulation no 15202006 regarding the risk
treatment for credit institutions and investment
firms according to an approach based on
internal rating models The Regulation
mentioned above has been published in the
Official Gazette no 72501112010 and may
be accessed here
NBR has amended the regulatory
framework regarding high exposures
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 14242010
regarding high exposures of credit institutions
and investment firms The Regulation
mentioned above has been published in the
Official Gazette no 72501112010 and may
be accessed here
NBR has amended the regulatory
framework regarding the own funds of
credit institutions
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 15182010
regarding the amendment of joint NBRNSC
Regulation no 18232006 regarding the own
funds of credit institutions and investment
firms The Regulation mentioned above has
been published in the Official Gazette no
72601112010 and may be accessed here
NBR has amended the regulatory
framework regarding the techniques for
reducing the credit risk
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 16172010
regarding the amendment of joint NBRNSC
Regulation no 19242006 regarding the
techniques for reducing the credit risk used by
credit institutions and investment firms The
Regulation mentioned above has been
published in the Official Gazette no
72501112010 and may be accessed here
NBR has amended the regulatory
framework regarding the treatment of credit
risk in case of certain types of transactions
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 17152010
regarding the amendment of joint NBRNSC
Regulation no 20252006 regarding the
treatment of credit risk of counter-trade
concerning secondary financial instruments
redeem transactions giving taking
titlesmerchandise by loan long term deduction
and short loan transactions The Regulation
mentioned above has been published in the
Official Gazette no72501112010 and may be
accessed here
NBR has amended the regulatory
framework regarding the exposures
triggered by securitization
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 18162010
regarding the treatment of credit risk
correspondent to the exposures triggered by
securitization The Regulation mentioned
above has been published in the Official
Gazette no 72601112010 and may be
accessed here
NBR has amended the regulatory
framework regarding capital adequacy
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 19232010
regarding the amendment of joint NBRNSC
Regulation no 22272006 regarding capital
adequacy for credit institutions and investment
firms The Regulation mentioned above has
been published in the Official Gazette no
72601112010 and may be accessed here
NBR has amended the regulatory
framework regarding the technical criteria
referring to risk organization and treatment
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 20252010
regarding the amendment of joint NBRNSC
Regulation no 23282006 regarding the
technical criteria referring to risk organization
and treatment as well as the technical criteria
used by the competent authorities for their
verification and evaluation The Regulation
mentioned above has been published in the
Official Gazette no 72601112010 and may
be accessed here
NBR has amended the regulatory
framework regarding publishing
requirements for credit institutions
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 21262010
regarding the amendment of joint NBRNSC
Regulation no 25302006 regarding the
publishing requirements for credit institutions
and investment firms The Regulation
mentioned above has been published in the
Official Gazette no 72601112010 and may
be accessed here
NBR has amended the regulatory
framework regarding the computation of
minimum capital requirements
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 23212010
regarding the amendment of the joint
NBRNSC Regulation no 13182006
regarding the computation of minimum capital
requirements for credit institutions and
investment firms The Regulation mentioned
above has been published in the Official
Gazette no 72601112010 and may be
accessed here
NBR enacted Circular no 362010 regarding
the level of the reference interest rate
applicable for November 2010 namely of
625 per year The Circular mentioned above
has been published in the Official Gazette no
72701112010 and may be accessed here
NBR has set the reference interest rate
valid for December 2010
NBR has issued Circular no 402010 on the
reference interest rate for December 2010
According to the above mentioned Circular
NBRrsquos reference interest rate in December
2010 was set at 625 per year Circular
mentioned above was published in the Official
Gazette no 80602122010 and may be
accessed here
NBR amended the method of preparation
for informative purposes of the individual
annual financial statements
NBR issued on 29112010 Order no 242010
for the amendment of NBRrsquos Order no
152009 on the drafting by the credit
institutions for informative purposes of the
individual annually financial statements in
accordance with International Financial
Reporting Standards The above mentioned
Order was published in the Official Gazette no
83413122010 and may be accessed here
NBR amended the regulatory framework of
the settlement in payment systems and in
settlement systems for financial
instruments
NBR enacted Order no 11912010 for the
amendment of NBRrsquos Order no 342008 on the
settlement of systems falling under the
provisions of Law no 2532004 on final
settlement in payment systems and settlement
systems for financial instruments The Order
mentioned above was published in the Official
Gazette no 83614122010 and may be
accessed here
NBR amended the regulatory framework on
the management of the activity of credit
institutions internal assessment of the
capital adequacy to risks and the
conditions for outsourcing
NBR enacted Regulation no 2510122010 for
the amendment of NBRrsquos Regulation no
182009 regarding the management of the
activity of credit institutions internal
assessment of the capital adequacy to risks
and the conditions for outsourcing The above
mentioned Regulation was published in the
Official Gazette no 85621122010 and it may
be accessed here
NBR amended the regulatory framework
applicable to the reporting of high
exposures by credit institutions
NBR enacted Order no 232010 regarding the
reporting of high exposures by credit
institutions The Order was published in the
Official Gazette no 75612112010 and may
be accessed here
NBR established the interest rates paid to
mandatory minimum reserves for October
24 - November 23 2010
NBR enacted Circular no 372010 on the
interest rates paid to mandatory minimum
reserves for October 24 - November 23 2010
described below as follows
161 per year for mandatory minimum
reserves established in lei
102 per year for mandatory minimum
reserves established in Euros
046 per year for mandatory minimum
reserves established in USA dollars
The said circular was published in the Official
Gazette no 77719112010 and may be
accessed here
NBR amended the current regulatory
framework regarding the reporting of the
minimum capital requirements by credit
institutions
NBR enacted Order no 222010 regarding the
reporting of the minimum capital requirements
by credit institutions The above mentioned
Order was published in the Official Gazette no
78624112010 and may be accessed here
NBRrsquos Order no 222010 entered into force on
31122010 moment upon which NBRrsquos Order
no 122007 regarding the reporting of the
minimum capital requirements has been
repealed
NBR amended the regulatory framework on
the reporting of statements relating to
credit exposures recorded against debtors
which are outside the credit system
NBR enacted Order no 2510122010
regarding the reporting of statements relating
to credit exposures recorded against debtors
which are outside the credit system The said
Order was published in the Official Gazette no
86022122010 and it may be accessed here
NBR amended the regulatory framework
regarding the accounting regulations
according to European directives
applicable to credit institutions non-
banking financial institutions and to the
Fund for guaranteeing the deposits in the
banking system
NBR issued Order no 262010 regarding the
amendment of the accounting regulations
according to European directives applicable to
credit institutions non-banking financial
institutions and to the Fund for guaranteeing
the deposits in the banking system approved
through NBR Order no 132008 The said
Order was published in the Official Gazette no
88629122010 and may be accessed here
NBR established the regulatory framework
regarding the Accounting regulations
according to International Financial
Reporting Standards applicable to credit
institutions
NBR issued Order no 272010 for the approval
of the Accounting regulations according to
International Financial Reporting Standards
applicable to credit institutions The said Order
was published in the Official Gazette no
89030122010 and may be accessed here
Issuer Romanian Parliament
Romanian Parliament amended
Government Emergency Ordinance no
262010
Romanian Parliament enacted on 07122010
Law no 2312010 for the approval and
amendment of Government Emergency
Ordinance no 262010 We underline that the
said emergency ordinance amended at its turn
Government Emergency Ordinance no
992006 on credit institutions and capital
adequacy The said Law was published in the
Official Gazette no 82610122010 and may
be accessed here
The Romanian Parliament amended the
regulatory framework regarding credit
contracts concluded with consumers
The Parliament enacted Law no 2882010 for
the approval of Governmentrsquos Emergency
Ordinance no 502010 regarding the credit
contracts for consumers The said Law was
published with the Official Gazette no
89030122010 and may be accessed here
PPSSC has amended the regulatory
framework regarding private pension
scheme prospectus
PPSSC has issued Norm no 142010 for the
amendment of PPSSCrsquos Norm no 72007 on
private pension scheme prospectus The
above mentioned Norm was published in the
Official Gazette no 72229102010 and may
be accessed here
PPSSC has amended the regulatory
framework regarding the maximum
percentage which can be invested for each
asset of the funds of voluntary pension
funds
PPSSC has issued Norm no 152010 for the
amendment of the Norm no 262007 regarding
the temporary amendment of the maximum
percentage which can be invested for each
asset of the funds of voluntary pension funds
The said Norm was published in the Official
Gazette no 7302112010 and may be
accessed here
PPSSC has amended the regulatory
framework regarding the prospectus of the
voluntary pension scheme
PPSSC has issued Norm no 162010
regarding the prospectus of the voluntary
pension scheme The said Norm was
published in the Official Gazette no
80030112010 and may be accessed here
Insurance
Issuer Insurance Supervision
Commission (ldquoISCrdquo)
ISC amended the regulatory framework
regarding electronic reporting of insurance
contracts
ISC enacted Order no 132010 for the
approval of the Norms regarding the conditions
and manners of electronic reporting of the data
corresponding to the insurance contracts
concluded for the vehicles registered in
Romania The said Order was published in the
Official Gazette no 84416122010
Private Pensions
Issuer Private Pension System
Supervision Commission (ldquoPPSSCrdquo)
PPSSC amended the regulatory framework
regarding the authorization of the
management of privately administered
pension funds
PPSSC enacted Norm no 122010 regarding
the authorization of the establishment of a
pension company and the license for the
management of privately managed pension
funds The above mentioned Norm was
published in the Official Gazette No
69114102010 and may be accessed here
PPSSC amended the regulatory framework
regarding the authorization of the
management of voluntary pension funds
PPSSC enacted Norm no 132010 regarding
the authorization of the establishment of
pension companies and for the management of
voluntary pension funds The above mentioned
Norm was published in the Official Gazette No
69114102010 and may be accessed here
Capital Markets
Issuer National Securities
Commission (ldquoNSCrdquo)
NSC suspended the application of the
provisions of Regulation no 12006
regarding the mandatory registration of
securities with NSC
NSC enacted Notice no 1513102010
regarding the mandatory registration of
securities with NSC According to the said
Notice NSC decided to suspend the
application of the provisions of Article 100 (3)
(b) of NSCrsquos Regulation no 12006 regarding
issuers and securities operations pertaining to
the mandatory registration with NSC of the
securities traded within an alternative trading
system in accordance with its functioning
regulations approved by NSC The said notice
may be accessed here
NSC clarified certain aspects related to the
applicability of Article 206 and 207 of Law
no 2972004 regarding capital markets
NSC enacted Notice no 4414102010
regarding the applicability of the provisions of
Article 206 and 207 of Law no 2972004
regarding capital markets (ldquoLaw 2972004rdquo)
and pertaining to mandatory takeovers Thus
according to the mentioned Notice the
initiation andor development of corporate
operations leading to the adjusting of the share
capital of a company upon closing of a public
purchase offer made to all of the companyrsquos
shareholders and for all of their holdings does
not fall under the provisions of Article 206 and
207 of Law no 2972004 The said notice may
be accessed here
NSC clarified certain aspects related to the
restrictions applicable to the members of
the board of directors of market operators
from the perspective of RASDAQ market
NSC enacted Notice no 4313102010
regarding the restrictions applicable to the
members of the board of directors of a market
operator In accordance with the said Notice a
member of the board of a market operator
cannot be also a member in the board of a
company whose securities are traded by that
respective operator with this restriction being
expressly extended now to RASDAQ market
as well For more information please access
here
NSC clarified certain aspects regarding to
undertakings for collective investment
NSC enacted Decision no 14812010 based
on which the amendments brought to the
documentation submitted by undertakings for
collective investment which are not harmonized
or from third states that distribute participation
titles in Romania should be authorized by NSC
The above mentioned Decision may be
accessed here
NSC amended the regulatory framework
regarding the preparation and submission
of annual financial statements by entities
authorized regulated and supervised by
NSC
NSC enacted Order no 11514122010
approving the Instruction no 4 2010 for the
amendment of NSCrsquos Instruction no 2 2007
regarding the preparation and submission of
annual financial statements by entities
authorized regulated and supervised by the
NSC The said Order was published in the
Official Gazette no 85120122010 and it may
be accessed here
NSC amended the regulatory framework
regarding electronic reporting
NSC enacted Regulation no 272010
regarding electronic supervision through
reporting The said Regulation has been
published in the Official Gazette no
79729112010 and it may be accessed here
International
regulatory updates
Banking
Issuer European Central Bank
(ldquoECBrdquo)
ECB amended the regulatory framework
regarding the administration of the
borrowing and lending operations
concluded by the Union under the
European financial stabilization mechanism
ECB enacted Decision no 17 dated 14
October 2010 concerning the administration of
the borrowing and lending operations
concluded by the European Union under the
European financial stabilization mechanism
The said Decision was published in the Official
Journal of the European Union no L
27520102010 and may be accessed here
ECB amended the regulatory framework
regarding the Trans-European Automated
Real-time Gross Settlement Express
Transfer System
European Central Bank enacted on 2
November 2010 a decision for the amendment
of Decision ECB20077 regarding the terms
and conditions for Trans - European
Automated Real-time Gross settlement
Express Transfer system The said decision
was published in the Official Journal of
European Union no L 290536112010 and
may be accessed here
Issuer European Commission (ldquoECrdquo)
EC has amended the regulatory framework
regarding quality criteria and quality
reporting for balance of payments statistics
EC enacted on 20 December 2010 Regulation
no 12272010 amending ECrsquos Regulation no
10552008 implementing EC Regulation no
1842005 of the European Parliament and of
the Council as regards quality criteria and
quality reporting for balance of payments
statistics The said Regulation was published in
the Official Gazette of the European Union no
L 33615 dated 21122010 For more
information please access here
Capital Markets
Issuer European Parliament and
Council
European Parliament and Council amended
the Prospectus to be published in case of
initial public offers
On 24 November 2010 the European
Parliament and the Council enacted Directive
201073UE amending Directive 200371EC
on the prospectus to be published in case of
initial public offers and Directive 2004109EC
on the harmonization of transparency in
relation to information about issuers whose
securities are admitted to trading on a
regulated market We underline that the
Member States must insure the implementation
of the said Directive until 1 July 2012 The full
text of the Directive was published in the
Official Journal of the European Union L
32711122010 and may be accessed here
Domestic regulatory
proposals
Banking
Issuer NBR
Proposal of Regulation regarding payments
The proposal aims to systematize the
regulations issued by NBR in payments field
taking NBR regulations in this area into a
unitary structure and also structuring them
depending on the nature of activities in order to
facilitate knowledge and application of the legal
framework in payments field The said proposal
may be accessed here
Proposal of Regulation regarding the
reporting of statistic data and information
to NBR
To facilitate the knowledge and application of
the legal framework on statistic reporting this
proposal aims to systematize the regulations
issued by NBR in this area and to concentrate
them in a unitary structure The said proposal
may be accessed here
Private Pensions
Issuer PPSSC
Proposal of Norm regarding the merger of
voluntary pension funds The full text of the
proposal may be accessed here
Proposal of Norm regarding the
membership and record of the participants
in voluntary pension funds The full text of
the proposal may be accessed here
Capital Markets
Issuer NSC
Draft Instruction on auditing computer
systems used by entities authorized
regulated and supervised by the NSC The
said proposal may be accessed here
Proposal of Regulation amending NSCrsquos
Regulation no 32006 regarding the
authorization set up and operation of the
Investorsrsquo Compensation Fund The full text
of the proposal may be accessed here
International regulatory
proposals measures
Banking
Issuer Committee of European Banking Supervisors (ldquoCEBSrdquo)
CEBS enacted on 13 October 2010 its Draft
consultation paper on the Guidebook on
Internal Governance For more details please
access here
CEBS enacted on 18 October 2010 its
second peer review Report on the
functioning of supervisory colleges For
more details please access here
CEBS has published on 18 November 2010
its guidelines on revised Article 3 of
Directive 200648EC For more information
please access here
CEBS has published on 10 December 2010
its Guidelines on Remuneration Policies
and Practices The said Guidelines may be
accessed here
CEBS published on 22 December 2010 the
final text of its Guidelines for the joint
assessment of the elements covered by the
supervisory review and evaluation process
and joint decision regarding the capital
adequacy of cross-border groups For
further information please access here
Issuer Loan Market Association (bdquoLMArdquo) LMA published on October 2010 updated
information regarding loan-related ldquoKnow
Your Customerrdquo documentation For more
information please access here
Issuer EC EC launched on 5 November 2010 another
public consultation with respect to the
credit rating agencies For more details
please access here
Issuer ECB ECB enacted on 13 December 2010 the
Guideline amending the Guideline
ECB20007 on monetary policy instruments
and procedures of the Euro-system The
Guideline was published in the Official Gazette
of European Union no L 33663 dated
21122010 For further information please
access here
According to a press release dated 16
December 2010 ECB has decided to
increase its subscribed capital with 5 billion
EUR from 576 billion EUR to 1076 billion
EUR starting with 29 December 2010 For
more details please access here
Insurance
Issuer EC EC initiated public consultations on the
review of the Insurance Mediation Directive
The purpose of this consultation is to collect
views from all stakeholders concerned on the
necessary changes to address the main
weaknesses in the current Directive
200292EC of the European Parliament and
the Council on insurance mediation For further
information please access here
Capital Markets
Issuer Committee of European Securities Regulators (bdquoCESRrdquo) CESR enacted on 13 October 2010 its
second set of technical advice in the
context of reviewing Directive no 392004
on markets in financial instruments For
further information please access here
Issuer EC EC has initiated on 5 November 2010 a
public consultation process having as
object the collection of opinions for
determining harmonization and improving
the legal framework regarding the
possession and transmission of
transferable securities as well as the
exercising of rights correspondent to
transferable securities within the unique
market context For more details please
access here
EC has launched a public consultation
having as object the review of applicable
legal framework for Undertakings for
Collective Investment in Transferable
Securities concerning certain provisions on
managers remuneration for the purpose of
improving the protection level of investors
For more details please access here
Issuer European Securities and Markets Authority (ldquoESMArdquo) ESMA published on 2 December 2010 the
list of measures recently taken by its
Members on short-selling For further
information please access here
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integrated with the Deloitte multi-disciplinary advisory practice and affiliated to
a network of law firms and legal departments working with Deloitte all over the
world Deloittersquos correspondent legal practice provides assistance to clients in
Romania on various matters pertaining to mergers and acquisitions corporate
and commercial law finance banking and capital markets real estate project
finance employment competition fiscal and commercial litigation and
intellectual property
In the financial services sector Reff amp Associates provides the full range of
services to banks and financial institutions including
- Finance deals transaction support in bilateral and syndicated loans
loan workouts securitisation loan transfers and assists in drafting and
negotiating the transaction documentation (loan agreements security
and other ancillary documentation)
- MampA transactions in the financial services sector advice on the
structure of the transaction the pre-contractual documentation due
diligence draftingnegotiating the purchase agreements and assisting
the implementation of the transaction
- Regulatory assistance ongoing assistance with respect to the
specific legal and regulatory requirements applicable to banks non
banking financial institutions operating in Romania development of
new financial products representation in front of the regulators
(National Bank of Romania Insurance Supervisory Commission
Securities Commission etc)
For more details on our services and credentials in the FSI sector please
click here
Subscribe to the Financial Services Industry Monthly Bulletin
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Partner
+ 40 21 207 52 05
aburzpinzarudeloittececom
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Managing Associate
+ 40 21 207 52 69
smutdeloittececom
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Managing Associate
+ 40 21 207 53 13
ltrifadeloittececom
Financial Services Industry Contacts in
Deloitte Romania
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Chairman
+ 40 21 207 52 55
gmucibabicideloittececom
Audit
Ahmed Hassan
Partner + 40 21 207 52 60 ahhassandeloittececom
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Director
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Partner in Charge
+ 40 21 207 52 30
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Tax
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Andrei Burz-Pinzaru
Partner ReffampAssociates
correspondent law firm of Deloitte Romania
+ 40 21 207 52 05
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Manager
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This publication contains general information only and none of Deloitte Touche Tohmatsu Limited any of
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copy 2011 Deloitte Romania
Domestic regulatory
updates
Banking
Issuer National Bank of Romania
(ldquoNBRrdquo)
NBR established the level of the reference
interest rate applicable for October 2010
NBR enacted Circular no 322010 regarding the level of the reference interest rate valid for October 2010 According to the above mentioned Circular the reference interest rate valid for October 2010 was set at 625 per year The Circular was published in the Official
Gazette no 67101102010 and may be accessed here NBR established the level of the interest rates paid for the minimum mandatory reserves for 24 September - 23 October 2010
NBR enacted Circular no 342010 regarding the interest rates paid on minimum mandatory reserves for the period 24 September - 23 October 2010 described further below as follows
163 per year for minimum mandatory reserves established in RON
103 per year for minimum mandatory reserves established in Euro
059 per year for minimum mandatory reserves established in US dollars
The said Circular was published in the Official Gazette no 70221102010 and may be accessed here NBR repealed several legislative acts in financial ndash accounting field
NBR enacted Regulation no 2418102010 repealing several regulations issued by NBR in the financial ndash accounting field The Regulation was published in the Official Gazette no
70622102010 and may be accessed here
NBR has amended the regulatory framework regarding the treatment of credit risk according to standard approach
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 12192010
regarding the amendment of joint NBRNSC
Regulation no 14192006 regarding the
treatment of credit risk for credit institutions
and investments firms according to standard
approach The Regulation mentioned above
has been published in the Official Gazette no
72501112010 and may be accessed here
NBR has amended the regulatory
framework regarding risk treatment based
on internal rating models
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 13202010
regarding the amendment of joint NBRNSC
Regulation no 15202006 regarding the risk
treatment for credit institutions and investment
firms according to an approach based on
internal rating models The Regulation
mentioned above has been published in the
Official Gazette no 72501112010 and may
be accessed here
NBR has amended the regulatory
framework regarding high exposures
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 14242010
regarding high exposures of credit institutions
and investment firms The Regulation
mentioned above has been published in the
Official Gazette no 72501112010 and may
be accessed here
NBR has amended the regulatory
framework regarding the own funds of
credit institutions
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 15182010
regarding the amendment of joint NBRNSC
Regulation no 18232006 regarding the own
funds of credit institutions and investment
firms The Regulation mentioned above has
been published in the Official Gazette no
72601112010 and may be accessed here
NBR has amended the regulatory
framework regarding the techniques for
reducing the credit risk
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 16172010
regarding the amendment of joint NBRNSC
Regulation no 19242006 regarding the
techniques for reducing the credit risk used by
credit institutions and investment firms The
Regulation mentioned above has been
published in the Official Gazette no
72501112010 and may be accessed here
NBR has amended the regulatory
framework regarding the treatment of credit
risk in case of certain types of transactions
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 17152010
regarding the amendment of joint NBRNSC
Regulation no 20252006 regarding the
treatment of credit risk of counter-trade
concerning secondary financial instruments
redeem transactions giving taking
titlesmerchandise by loan long term deduction
and short loan transactions The Regulation
mentioned above has been published in the
Official Gazette no72501112010 and may be
accessed here
NBR has amended the regulatory
framework regarding the exposures
triggered by securitization
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 18162010
regarding the treatment of credit risk
correspondent to the exposures triggered by
securitization The Regulation mentioned
above has been published in the Official
Gazette no 72601112010 and may be
accessed here
NBR has amended the regulatory
framework regarding capital adequacy
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 19232010
regarding the amendment of joint NBRNSC
Regulation no 22272006 regarding capital
adequacy for credit institutions and investment
firms The Regulation mentioned above has
been published in the Official Gazette no
72601112010 and may be accessed here
NBR has amended the regulatory
framework regarding the technical criteria
referring to risk organization and treatment
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 20252010
regarding the amendment of joint NBRNSC
Regulation no 23282006 regarding the
technical criteria referring to risk organization
and treatment as well as the technical criteria
used by the competent authorities for their
verification and evaluation The Regulation
mentioned above has been published in the
Official Gazette no 72601112010 and may
be accessed here
NBR has amended the regulatory
framework regarding publishing
requirements for credit institutions
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 21262010
regarding the amendment of joint NBRNSC
Regulation no 25302006 regarding the
publishing requirements for credit institutions
and investment firms The Regulation
mentioned above has been published in the
Official Gazette no 72601112010 and may
be accessed here
NBR has amended the regulatory
framework regarding the computation of
minimum capital requirements
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 23212010
regarding the amendment of the joint
NBRNSC Regulation no 13182006
regarding the computation of minimum capital
requirements for credit institutions and
investment firms The Regulation mentioned
above has been published in the Official
Gazette no 72601112010 and may be
accessed here
NBR enacted Circular no 362010 regarding
the level of the reference interest rate
applicable for November 2010 namely of
625 per year The Circular mentioned above
has been published in the Official Gazette no
72701112010 and may be accessed here
NBR has set the reference interest rate
valid for December 2010
NBR has issued Circular no 402010 on the
reference interest rate for December 2010
According to the above mentioned Circular
NBRrsquos reference interest rate in December
2010 was set at 625 per year Circular
mentioned above was published in the Official
Gazette no 80602122010 and may be
accessed here
NBR amended the method of preparation
for informative purposes of the individual
annual financial statements
NBR issued on 29112010 Order no 242010
for the amendment of NBRrsquos Order no
152009 on the drafting by the credit
institutions for informative purposes of the
individual annually financial statements in
accordance with International Financial
Reporting Standards The above mentioned
Order was published in the Official Gazette no
83413122010 and may be accessed here
NBR amended the regulatory framework of
the settlement in payment systems and in
settlement systems for financial
instruments
NBR enacted Order no 11912010 for the
amendment of NBRrsquos Order no 342008 on the
settlement of systems falling under the
provisions of Law no 2532004 on final
settlement in payment systems and settlement
systems for financial instruments The Order
mentioned above was published in the Official
Gazette no 83614122010 and may be
accessed here
NBR amended the regulatory framework on
the management of the activity of credit
institutions internal assessment of the
capital adequacy to risks and the
conditions for outsourcing
NBR enacted Regulation no 2510122010 for
the amendment of NBRrsquos Regulation no
182009 regarding the management of the
activity of credit institutions internal
assessment of the capital adequacy to risks
and the conditions for outsourcing The above
mentioned Regulation was published in the
Official Gazette no 85621122010 and it may
be accessed here
NBR amended the regulatory framework
applicable to the reporting of high
exposures by credit institutions
NBR enacted Order no 232010 regarding the
reporting of high exposures by credit
institutions The Order was published in the
Official Gazette no 75612112010 and may
be accessed here
NBR established the interest rates paid to
mandatory minimum reserves for October
24 - November 23 2010
NBR enacted Circular no 372010 on the
interest rates paid to mandatory minimum
reserves for October 24 - November 23 2010
described below as follows
161 per year for mandatory minimum
reserves established in lei
102 per year for mandatory minimum
reserves established in Euros
046 per year for mandatory minimum
reserves established in USA dollars
The said circular was published in the Official
Gazette no 77719112010 and may be
accessed here
NBR amended the current regulatory
framework regarding the reporting of the
minimum capital requirements by credit
institutions
NBR enacted Order no 222010 regarding the
reporting of the minimum capital requirements
by credit institutions The above mentioned
Order was published in the Official Gazette no
78624112010 and may be accessed here
NBRrsquos Order no 222010 entered into force on
31122010 moment upon which NBRrsquos Order
no 122007 regarding the reporting of the
minimum capital requirements has been
repealed
NBR amended the regulatory framework on
the reporting of statements relating to
credit exposures recorded against debtors
which are outside the credit system
NBR enacted Order no 2510122010
regarding the reporting of statements relating
to credit exposures recorded against debtors
which are outside the credit system The said
Order was published in the Official Gazette no
86022122010 and it may be accessed here
NBR amended the regulatory framework
regarding the accounting regulations
according to European directives
applicable to credit institutions non-
banking financial institutions and to the
Fund for guaranteeing the deposits in the
banking system
NBR issued Order no 262010 regarding the
amendment of the accounting regulations
according to European directives applicable to
credit institutions non-banking financial
institutions and to the Fund for guaranteeing
the deposits in the banking system approved
through NBR Order no 132008 The said
Order was published in the Official Gazette no
88629122010 and may be accessed here
NBR established the regulatory framework
regarding the Accounting regulations
according to International Financial
Reporting Standards applicable to credit
institutions
NBR issued Order no 272010 for the approval
of the Accounting regulations according to
International Financial Reporting Standards
applicable to credit institutions The said Order
was published in the Official Gazette no
89030122010 and may be accessed here
Issuer Romanian Parliament
Romanian Parliament amended
Government Emergency Ordinance no
262010
Romanian Parliament enacted on 07122010
Law no 2312010 for the approval and
amendment of Government Emergency
Ordinance no 262010 We underline that the
said emergency ordinance amended at its turn
Government Emergency Ordinance no
992006 on credit institutions and capital
adequacy The said Law was published in the
Official Gazette no 82610122010 and may
be accessed here
The Romanian Parliament amended the
regulatory framework regarding credit
contracts concluded with consumers
The Parliament enacted Law no 2882010 for
the approval of Governmentrsquos Emergency
Ordinance no 502010 regarding the credit
contracts for consumers The said Law was
published with the Official Gazette no
89030122010 and may be accessed here
PPSSC has amended the regulatory
framework regarding private pension
scheme prospectus
PPSSC has issued Norm no 142010 for the
amendment of PPSSCrsquos Norm no 72007 on
private pension scheme prospectus The
above mentioned Norm was published in the
Official Gazette no 72229102010 and may
be accessed here
PPSSC has amended the regulatory
framework regarding the maximum
percentage which can be invested for each
asset of the funds of voluntary pension
funds
PPSSC has issued Norm no 152010 for the
amendment of the Norm no 262007 regarding
the temporary amendment of the maximum
percentage which can be invested for each
asset of the funds of voluntary pension funds
The said Norm was published in the Official
Gazette no 7302112010 and may be
accessed here
PPSSC has amended the regulatory
framework regarding the prospectus of the
voluntary pension scheme
PPSSC has issued Norm no 162010
regarding the prospectus of the voluntary
pension scheme The said Norm was
published in the Official Gazette no
80030112010 and may be accessed here
Insurance
Issuer Insurance Supervision
Commission (ldquoISCrdquo)
ISC amended the regulatory framework
regarding electronic reporting of insurance
contracts
ISC enacted Order no 132010 for the
approval of the Norms regarding the conditions
and manners of electronic reporting of the data
corresponding to the insurance contracts
concluded for the vehicles registered in
Romania The said Order was published in the
Official Gazette no 84416122010
Private Pensions
Issuer Private Pension System
Supervision Commission (ldquoPPSSCrdquo)
PPSSC amended the regulatory framework
regarding the authorization of the
management of privately administered
pension funds
PPSSC enacted Norm no 122010 regarding
the authorization of the establishment of a
pension company and the license for the
management of privately managed pension
funds The above mentioned Norm was
published in the Official Gazette No
69114102010 and may be accessed here
PPSSC amended the regulatory framework
regarding the authorization of the
management of voluntary pension funds
PPSSC enacted Norm no 132010 regarding
the authorization of the establishment of
pension companies and for the management of
voluntary pension funds The above mentioned
Norm was published in the Official Gazette No
69114102010 and may be accessed here
Capital Markets
Issuer National Securities
Commission (ldquoNSCrdquo)
NSC suspended the application of the
provisions of Regulation no 12006
regarding the mandatory registration of
securities with NSC
NSC enacted Notice no 1513102010
regarding the mandatory registration of
securities with NSC According to the said
Notice NSC decided to suspend the
application of the provisions of Article 100 (3)
(b) of NSCrsquos Regulation no 12006 regarding
issuers and securities operations pertaining to
the mandatory registration with NSC of the
securities traded within an alternative trading
system in accordance with its functioning
regulations approved by NSC The said notice
may be accessed here
NSC clarified certain aspects related to the
applicability of Article 206 and 207 of Law
no 2972004 regarding capital markets
NSC enacted Notice no 4414102010
regarding the applicability of the provisions of
Article 206 and 207 of Law no 2972004
regarding capital markets (ldquoLaw 2972004rdquo)
and pertaining to mandatory takeovers Thus
according to the mentioned Notice the
initiation andor development of corporate
operations leading to the adjusting of the share
capital of a company upon closing of a public
purchase offer made to all of the companyrsquos
shareholders and for all of their holdings does
not fall under the provisions of Article 206 and
207 of Law no 2972004 The said notice may
be accessed here
NSC clarified certain aspects related to the
restrictions applicable to the members of
the board of directors of market operators
from the perspective of RASDAQ market
NSC enacted Notice no 4313102010
regarding the restrictions applicable to the
members of the board of directors of a market
operator In accordance with the said Notice a
member of the board of a market operator
cannot be also a member in the board of a
company whose securities are traded by that
respective operator with this restriction being
expressly extended now to RASDAQ market
as well For more information please access
here
NSC clarified certain aspects regarding to
undertakings for collective investment
NSC enacted Decision no 14812010 based
on which the amendments brought to the
documentation submitted by undertakings for
collective investment which are not harmonized
or from third states that distribute participation
titles in Romania should be authorized by NSC
The above mentioned Decision may be
accessed here
NSC amended the regulatory framework
regarding the preparation and submission
of annual financial statements by entities
authorized regulated and supervised by
NSC
NSC enacted Order no 11514122010
approving the Instruction no 4 2010 for the
amendment of NSCrsquos Instruction no 2 2007
regarding the preparation and submission of
annual financial statements by entities
authorized regulated and supervised by the
NSC The said Order was published in the
Official Gazette no 85120122010 and it may
be accessed here
NSC amended the regulatory framework
regarding electronic reporting
NSC enacted Regulation no 272010
regarding electronic supervision through
reporting The said Regulation has been
published in the Official Gazette no
79729112010 and it may be accessed here
International
regulatory updates
Banking
Issuer European Central Bank
(ldquoECBrdquo)
ECB amended the regulatory framework
regarding the administration of the
borrowing and lending operations
concluded by the Union under the
European financial stabilization mechanism
ECB enacted Decision no 17 dated 14
October 2010 concerning the administration of
the borrowing and lending operations
concluded by the European Union under the
European financial stabilization mechanism
The said Decision was published in the Official
Journal of the European Union no L
27520102010 and may be accessed here
ECB amended the regulatory framework
regarding the Trans-European Automated
Real-time Gross Settlement Express
Transfer System
European Central Bank enacted on 2
November 2010 a decision for the amendment
of Decision ECB20077 regarding the terms
and conditions for Trans - European
Automated Real-time Gross settlement
Express Transfer system The said decision
was published in the Official Journal of
European Union no L 290536112010 and
may be accessed here
Issuer European Commission (ldquoECrdquo)
EC has amended the regulatory framework
regarding quality criteria and quality
reporting for balance of payments statistics
EC enacted on 20 December 2010 Regulation
no 12272010 amending ECrsquos Regulation no
10552008 implementing EC Regulation no
1842005 of the European Parliament and of
the Council as regards quality criteria and
quality reporting for balance of payments
statistics The said Regulation was published in
the Official Gazette of the European Union no
L 33615 dated 21122010 For more
information please access here
Capital Markets
Issuer European Parliament and
Council
European Parliament and Council amended
the Prospectus to be published in case of
initial public offers
On 24 November 2010 the European
Parliament and the Council enacted Directive
201073UE amending Directive 200371EC
on the prospectus to be published in case of
initial public offers and Directive 2004109EC
on the harmonization of transparency in
relation to information about issuers whose
securities are admitted to trading on a
regulated market We underline that the
Member States must insure the implementation
of the said Directive until 1 July 2012 The full
text of the Directive was published in the
Official Journal of the European Union L
32711122010 and may be accessed here
Domestic regulatory
proposals
Banking
Issuer NBR
Proposal of Regulation regarding payments
The proposal aims to systematize the
regulations issued by NBR in payments field
taking NBR regulations in this area into a
unitary structure and also structuring them
depending on the nature of activities in order to
facilitate knowledge and application of the legal
framework in payments field The said proposal
may be accessed here
Proposal of Regulation regarding the
reporting of statistic data and information
to NBR
To facilitate the knowledge and application of
the legal framework on statistic reporting this
proposal aims to systematize the regulations
issued by NBR in this area and to concentrate
them in a unitary structure The said proposal
may be accessed here
Private Pensions
Issuer PPSSC
Proposal of Norm regarding the merger of
voluntary pension funds The full text of the
proposal may be accessed here
Proposal of Norm regarding the
membership and record of the participants
in voluntary pension funds The full text of
the proposal may be accessed here
Capital Markets
Issuer NSC
Draft Instruction on auditing computer
systems used by entities authorized
regulated and supervised by the NSC The
said proposal may be accessed here
Proposal of Regulation amending NSCrsquos
Regulation no 32006 regarding the
authorization set up and operation of the
Investorsrsquo Compensation Fund The full text
of the proposal may be accessed here
International regulatory
proposals measures
Banking
Issuer Committee of European Banking Supervisors (ldquoCEBSrdquo)
CEBS enacted on 13 October 2010 its Draft
consultation paper on the Guidebook on
Internal Governance For more details please
access here
CEBS enacted on 18 October 2010 its
second peer review Report on the
functioning of supervisory colleges For
more details please access here
CEBS has published on 18 November 2010
its guidelines on revised Article 3 of
Directive 200648EC For more information
please access here
CEBS has published on 10 December 2010
its Guidelines on Remuneration Policies
and Practices The said Guidelines may be
accessed here
CEBS published on 22 December 2010 the
final text of its Guidelines for the joint
assessment of the elements covered by the
supervisory review and evaluation process
and joint decision regarding the capital
adequacy of cross-border groups For
further information please access here
Issuer Loan Market Association (bdquoLMArdquo) LMA published on October 2010 updated
information regarding loan-related ldquoKnow
Your Customerrdquo documentation For more
information please access here
Issuer EC EC launched on 5 November 2010 another
public consultation with respect to the
credit rating agencies For more details
please access here
Issuer ECB ECB enacted on 13 December 2010 the
Guideline amending the Guideline
ECB20007 on monetary policy instruments
and procedures of the Euro-system The
Guideline was published in the Official Gazette
of European Union no L 33663 dated
21122010 For further information please
access here
According to a press release dated 16
December 2010 ECB has decided to
increase its subscribed capital with 5 billion
EUR from 576 billion EUR to 1076 billion
EUR starting with 29 December 2010 For
more details please access here
Insurance
Issuer EC EC initiated public consultations on the
review of the Insurance Mediation Directive
The purpose of this consultation is to collect
views from all stakeholders concerned on the
necessary changes to address the main
weaknesses in the current Directive
200292EC of the European Parliament and
the Council on insurance mediation For further
information please access here
Capital Markets
Issuer Committee of European Securities Regulators (bdquoCESRrdquo) CESR enacted on 13 October 2010 its
second set of technical advice in the
context of reviewing Directive no 392004
on markets in financial instruments For
further information please access here
Issuer EC EC has initiated on 5 November 2010 a
public consultation process having as
object the collection of opinions for
determining harmonization and improving
the legal framework regarding the
possession and transmission of
transferable securities as well as the
exercising of rights correspondent to
transferable securities within the unique
market context For more details please
access here
EC has launched a public consultation
having as object the review of applicable
legal framework for Undertakings for
Collective Investment in Transferable
Securities concerning certain provisions on
managers remuneration for the purpose of
improving the protection level of investors
For more details please access here
Issuer European Securities and Markets Authority (ldquoESMArdquo) ESMA published on 2 December 2010 the
list of measures recently taken by its
Members on short-selling For further
information please access here
Reff amp Associates is the correspondent law firm of Deloitte Romania fully
integrated with the Deloitte multi-disciplinary advisory practice and affiliated to
a network of law firms and legal departments working with Deloitte all over the
world Deloittersquos correspondent legal practice provides assistance to clients in
Romania on various matters pertaining to mergers and acquisitions corporate
and commercial law finance banking and capital markets real estate project
finance employment competition fiscal and commercial litigation and
intellectual property
In the financial services sector Reff amp Associates provides the full range of
services to banks and financial institutions including
- Finance deals transaction support in bilateral and syndicated loans
loan workouts securitisation loan transfers and assists in drafting and
negotiating the transaction documentation (loan agreements security
and other ancillary documentation)
- MampA transactions in the financial services sector advice on the
structure of the transaction the pre-contractual documentation due
diligence draftingnegotiating the purchase agreements and assisting
the implementation of the transaction
- Regulatory assistance ongoing assistance with respect to the
specific legal and regulatory requirements applicable to banks non
banking financial institutions operating in Romania development of
new financial products representation in front of the regulators
(National Bank of Romania Insurance Supervisory Commission
Securities Commission etc)
For more details on our services and credentials in the FSI sector please
click here
Subscribe to the Financial Services Industry Monthly Bulletin
Contacts Andrei Burz Pinzaru
Partner
+ 40 21 207 52 05
aburzpinzarudeloittececom
Simina Mut
Managing Associate
+ 40 21 207 52 69
smutdeloittececom
Leontin Trifa
Managing Associate
+ 40 21 207 53 13
ltrifadeloittececom
Financial Services Industry Contacts in
Deloitte Romania
George Mucibabici
Chairman
+ 40 21 207 52 55
gmucibabicideloittececom
Audit
Ahmed Hassan
Partner + 40 21 207 52 60 ahhassandeloittececom
Enterprise Risk Services
Andrei Ionescu
Director
+ 40 21 207 54 85
aionescudeloittececom
Financial Advisory
Hein van Dam
Partner in Charge
+ 40 21 207 52 30
hvandamdeloittececom
Tax
Dan Badin
Partner + 40 21 207 53 92
dbadindeloittececom
Legal
Andrei Burz-Pinzaru
Partner ReffampAssociates
correspondent law firm of Deloitte Romania
+ 40 21 207 52 05
aburzpinzarudeloittececom
Consulting
Razvan Horobeanu
Manager
+ 40 21 207 53 57
rhorobeanudeloittececom
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited a UK private company limited by
guarantee and its network of member firms each of which is a legally separate and independent entity
Please see wwwdeloittecomroabout for a detailed description of the legal structure of Deloitte Touche
Tohmatsu Limited and its member firms
Deloitte provides audit tax consulting and financial advisory services to public and private clients
spanning multiple industries With a globally connected network of member firms in more than 150
countries Deloitte brings world-class capabilities and deep local expertise to help clients succeed
wherever they operate Deloittes approximately 170 000 professionals are committed to becoming the
standard of excellence
This publication contains general information only and none of Deloitte Touche Tohmatsu Limited any of
its member firms or any of the foregoingrsquos affiliates (collectively the ldquoDeloitte Networkrdquo) are by means of
this publication rendering accounting business financial investment legal tax or other professional
advice or services This publication is not a substitute for such professional advice or services nor should
it be used as a basis for any decision or action that may affect your finances or your business Before
making any decision or taking any action that may affect your finances or your business you should
consult a qualified professional adviser No entity in the Deloitte Network shall be responsible for any loss
whatsoever sustained by any person who relies on this publication
copy 2011 Deloitte Romania
Banking
Issuer National Bank of Romania
(ldquoNBRrdquo)
NBR established the level of the reference
interest rate applicable for October 2010
NBR enacted Circular no 322010 regarding the level of the reference interest rate valid for October 2010 According to the above mentioned Circular the reference interest rate valid for October 2010 was set at 625 per year The Circular was published in the Official
Gazette no 67101102010 and may be accessed here NBR established the level of the interest rates paid for the minimum mandatory reserves for 24 September - 23 October 2010
NBR enacted Circular no 342010 regarding the interest rates paid on minimum mandatory reserves for the period 24 September - 23 October 2010 described further below as follows
163 per year for minimum mandatory reserves established in RON
103 per year for minimum mandatory reserves established in Euro
059 per year for minimum mandatory reserves established in US dollars
The said Circular was published in the Official Gazette no 70221102010 and may be accessed here NBR repealed several legislative acts in financial ndash accounting field
NBR enacted Regulation no 2418102010 repealing several regulations issued by NBR in the financial ndash accounting field The Regulation was published in the Official Gazette no
70622102010 and may be accessed here
NBR has amended the regulatory framework regarding the treatment of credit risk according to standard approach
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 12192010
regarding the amendment of joint NBRNSC
Regulation no 14192006 regarding the
treatment of credit risk for credit institutions
and investments firms according to standard
approach The Regulation mentioned above
has been published in the Official Gazette no
72501112010 and may be accessed here
NBR has amended the regulatory
framework regarding risk treatment based
on internal rating models
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 13202010
regarding the amendment of joint NBRNSC
Regulation no 15202006 regarding the risk
treatment for credit institutions and investment
firms according to an approach based on
internal rating models The Regulation
mentioned above has been published in the
Official Gazette no 72501112010 and may
be accessed here
NBR has amended the regulatory
framework regarding high exposures
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 14242010
regarding high exposures of credit institutions
and investment firms The Regulation
mentioned above has been published in the
Official Gazette no 72501112010 and may
be accessed here
NBR has amended the regulatory
framework regarding the own funds of
credit institutions
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 15182010
regarding the amendment of joint NBRNSC
Regulation no 18232006 regarding the own
funds of credit institutions and investment
firms The Regulation mentioned above has
been published in the Official Gazette no
72601112010 and may be accessed here
NBR has amended the regulatory
framework regarding the techniques for
reducing the credit risk
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 16172010
regarding the amendment of joint NBRNSC
Regulation no 19242006 regarding the
techniques for reducing the credit risk used by
credit institutions and investment firms The
Regulation mentioned above has been
published in the Official Gazette no
72501112010 and may be accessed here
NBR has amended the regulatory
framework regarding the treatment of credit
risk in case of certain types of transactions
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 17152010
regarding the amendment of joint NBRNSC
Regulation no 20252006 regarding the
treatment of credit risk of counter-trade
concerning secondary financial instruments
redeem transactions giving taking
titlesmerchandise by loan long term deduction
and short loan transactions The Regulation
mentioned above has been published in the
Official Gazette no72501112010 and may be
accessed here
NBR has amended the regulatory
framework regarding the exposures
triggered by securitization
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 18162010
regarding the treatment of credit risk
correspondent to the exposures triggered by
securitization The Regulation mentioned
above has been published in the Official
Gazette no 72601112010 and may be
accessed here
NBR has amended the regulatory
framework regarding capital adequacy
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 19232010
regarding the amendment of joint NBRNSC
Regulation no 22272006 regarding capital
adequacy for credit institutions and investment
firms The Regulation mentioned above has
been published in the Official Gazette no
72601112010 and may be accessed here
NBR has amended the regulatory
framework regarding the technical criteria
referring to risk organization and treatment
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 20252010
regarding the amendment of joint NBRNSC
Regulation no 23282006 regarding the
technical criteria referring to risk organization
and treatment as well as the technical criteria
used by the competent authorities for their
verification and evaluation The Regulation
mentioned above has been published in the
Official Gazette no 72601112010 and may
be accessed here
NBR has amended the regulatory
framework regarding publishing
requirements for credit institutions
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 21262010
regarding the amendment of joint NBRNSC
Regulation no 25302006 regarding the
publishing requirements for credit institutions
and investment firms The Regulation
mentioned above has been published in the
Official Gazette no 72601112010 and may
be accessed here
NBR has amended the regulatory
framework regarding the computation of
minimum capital requirements
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 23212010
regarding the amendment of the joint
NBRNSC Regulation no 13182006
regarding the computation of minimum capital
requirements for credit institutions and
investment firms The Regulation mentioned
above has been published in the Official
Gazette no 72601112010 and may be
accessed here
NBR enacted Circular no 362010 regarding
the level of the reference interest rate
applicable for November 2010 namely of
625 per year The Circular mentioned above
has been published in the Official Gazette no
72701112010 and may be accessed here
NBR has set the reference interest rate
valid for December 2010
NBR has issued Circular no 402010 on the
reference interest rate for December 2010
According to the above mentioned Circular
NBRrsquos reference interest rate in December
2010 was set at 625 per year Circular
mentioned above was published in the Official
Gazette no 80602122010 and may be
accessed here
NBR amended the method of preparation
for informative purposes of the individual
annual financial statements
NBR issued on 29112010 Order no 242010
for the amendment of NBRrsquos Order no
152009 on the drafting by the credit
institutions for informative purposes of the
individual annually financial statements in
accordance with International Financial
Reporting Standards The above mentioned
Order was published in the Official Gazette no
83413122010 and may be accessed here
NBR amended the regulatory framework of
the settlement in payment systems and in
settlement systems for financial
instruments
NBR enacted Order no 11912010 for the
amendment of NBRrsquos Order no 342008 on the
settlement of systems falling under the
provisions of Law no 2532004 on final
settlement in payment systems and settlement
systems for financial instruments The Order
mentioned above was published in the Official
Gazette no 83614122010 and may be
accessed here
NBR amended the regulatory framework on
the management of the activity of credit
institutions internal assessment of the
capital adequacy to risks and the
conditions for outsourcing
NBR enacted Regulation no 2510122010 for
the amendment of NBRrsquos Regulation no
182009 regarding the management of the
activity of credit institutions internal
assessment of the capital adequacy to risks
and the conditions for outsourcing The above
mentioned Regulation was published in the
Official Gazette no 85621122010 and it may
be accessed here
NBR amended the regulatory framework
applicable to the reporting of high
exposures by credit institutions
NBR enacted Order no 232010 regarding the
reporting of high exposures by credit
institutions The Order was published in the
Official Gazette no 75612112010 and may
be accessed here
NBR established the interest rates paid to
mandatory minimum reserves for October
24 - November 23 2010
NBR enacted Circular no 372010 on the
interest rates paid to mandatory minimum
reserves for October 24 - November 23 2010
described below as follows
161 per year for mandatory minimum
reserves established in lei
102 per year for mandatory minimum
reserves established in Euros
046 per year for mandatory minimum
reserves established in USA dollars
The said circular was published in the Official
Gazette no 77719112010 and may be
accessed here
NBR amended the current regulatory
framework regarding the reporting of the
minimum capital requirements by credit
institutions
NBR enacted Order no 222010 regarding the
reporting of the minimum capital requirements
by credit institutions The above mentioned
Order was published in the Official Gazette no
78624112010 and may be accessed here
NBRrsquos Order no 222010 entered into force on
31122010 moment upon which NBRrsquos Order
no 122007 regarding the reporting of the
minimum capital requirements has been
repealed
NBR amended the regulatory framework on
the reporting of statements relating to
credit exposures recorded against debtors
which are outside the credit system
NBR enacted Order no 2510122010
regarding the reporting of statements relating
to credit exposures recorded against debtors
which are outside the credit system The said
Order was published in the Official Gazette no
86022122010 and it may be accessed here
NBR amended the regulatory framework
regarding the accounting regulations
according to European directives
applicable to credit institutions non-
banking financial institutions and to the
Fund for guaranteeing the deposits in the
banking system
NBR issued Order no 262010 regarding the
amendment of the accounting regulations
according to European directives applicable to
credit institutions non-banking financial
institutions and to the Fund for guaranteeing
the deposits in the banking system approved
through NBR Order no 132008 The said
Order was published in the Official Gazette no
88629122010 and may be accessed here
NBR established the regulatory framework
regarding the Accounting regulations
according to International Financial
Reporting Standards applicable to credit
institutions
NBR issued Order no 272010 for the approval
of the Accounting regulations according to
International Financial Reporting Standards
applicable to credit institutions The said Order
was published in the Official Gazette no
89030122010 and may be accessed here
Issuer Romanian Parliament
Romanian Parliament amended
Government Emergency Ordinance no
262010
Romanian Parliament enacted on 07122010
Law no 2312010 for the approval and
amendment of Government Emergency
Ordinance no 262010 We underline that the
said emergency ordinance amended at its turn
Government Emergency Ordinance no
992006 on credit institutions and capital
adequacy The said Law was published in the
Official Gazette no 82610122010 and may
be accessed here
The Romanian Parliament amended the
regulatory framework regarding credit
contracts concluded with consumers
The Parliament enacted Law no 2882010 for
the approval of Governmentrsquos Emergency
Ordinance no 502010 regarding the credit
contracts for consumers The said Law was
published with the Official Gazette no
89030122010 and may be accessed here
PPSSC has amended the regulatory
framework regarding private pension
scheme prospectus
PPSSC has issued Norm no 142010 for the
amendment of PPSSCrsquos Norm no 72007 on
private pension scheme prospectus The
above mentioned Norm was published in the
Official Gazette no 72229102010 and may
be accessed here
PPSSC has amended the regulatory
framework regarding the maximum
percentage which can be invested for each
asset of the funds of voluntary pension
funds
PPSSC has issued Norm no 152010 for the
amendment of the Norm no 262007 regarding
the temporary amendment of the maximum
percentage which can be invested for each
asset of the funds of voluntary pension funds
The said Norm was published in the Official
Gazette no 7302112010 and may be
accessed here
PPSSC has amended the regulatory
framework regarding the prospectus of the
voluntary pension scheme
PPSSC has issued Norm no 162010
regarding the prospectus of the voluntary
pension scheme The said Norm was
published in the Official Gazette no
80030112010 and may be accessed here
Insurance
Issuer Insurance Supervision
Commission (ldquoISCrdquo)
ISC amended the regulatory framework
regarding electronic reporting of insurance
contracts
ISC enacted Order no 132010 for the
approval of the Norms regarding the conditions
and manners of electronic reporting of the data
corresponding to the insurance contracts
concluded for the vehicles registered in
Romania The said Order was published in the
Official Gazette no 84416122010
Private Pensions
Issuer Private Pension System
Supervision Commission (ldquoPPSSCrdquo)
PPSSC amended the regulatory framework
regarding the authorization of the
management of privately administered
pension funds
PPSSC enacted Norm no 122010 regarding
the authorization of the establishment of a
pension company and the license for the
management of privately managed pension
funds The above mentioned Norm was
published in the Official Gazette No
69114102010 and may be accessed here
PPSSC amended the regulatory framework
regarding the authorization of the
management of voluntary pension funds
PPSSC enacted Norm no 132010 regarding
the authorization of the establishment of
pension companies and for the management of
voluntary pension funds The above mentioned
Norm was published in the Official Gazette No
69114102010 and may be accessed here
Capital Markets
Issuer National Securities
Commission (ldquoNSCrdquo)
NSC suspended the application of the
provisions of Regulation no 12006
regarding the mandatory registration of
securities with NSC
NSC enacted Notice no 1513102010
regarding the mandatory registration of
securities with NSC According to the said
Notice NSC decided to suspend the
application of the provisions of Article 100 (3)
(b) of NSCrsquos Regulation no 12006 regarding
issuers and securities operations pertaining to
the mandatory registration with NSC of the
securities traded within an alternative trading
system in accordance with its functioning
regulations approved by NSC The said notice
may be accessed here
NSC clarified certain aspects related to the
applicability of Article 206 and 207 of Law
no 2972004 regarding capital markets
NSC enacted Notice no 4414102010
regarding the applicability of the provisions of
Article 206 and 207 of Law no 2972004
regarding capital markets (ldquoLaw 2972004rdquo)
and pertaining to mandatory takeovers Thus
according to the mentioned Notice the
initiation andor development of corporate
operations leading to the adjusting of the share
capital of a company upon closing of a public
purchase offer made to all of the companyrsquos
shareholders and for all of their holdings does
not fall under the provisions of Article 206 and
207 of Law no 2972004 The said notice may
be accessed here
NSC clarified certain aspects related to the
restrictions applicable to the members of
the board of directors of market operators
from the perspective of RASDAQ market
NSC enacted Notice no 4313102010
regarding the restrictions applicable to the
members of the board of directors of a market
operator In accordance with the said Notice a
member of the board of a market operator
cannot be also a member in the board of a
company whose securities are traded by that
respective operator with this restriction being
expressly extended now to RASDAQ market
as well For more information please access
here
NSC clarified certain aspects regarding to
undertakings for collective investment
NSC enacted Decision no 14812010 based
on which the amendments brought to the
documentation submitted by undertakings for
collective investment which are not harmonized
or from third states that distribute participation
titles in Romania should be authorized by NSC
The above mentioned Decision may be
accessed here
NSC amended the regulatory framework
regarding the preparation and submission
of annual financial statements by entities
authorized regulated and supervised by
NSC
NSC enacted Order no 11514122010
approving the Instruction no 4 2010 for the
amendment of NSCrsquos Instruction no 2 2007
regarding the preparation and submission of
annual financial statements by entities
authorized regulated and supervised by the
NSC The said Order was published in the
Official Gazette no 85120122010 and it may
be accessed here
NSC amended the regulatory framework
regarding electronic reporting
NSC enacted Regulation no 272010
regarding electronic supervision through
reporting The said Regulation has been
published in the Official Gazette no
79729112010 and it may be accessed here
International
regulatory updates
Banking
Issuer European Central Bank
(ldquoECBrdquo)
ECB amended the regulatory framework
regarding the administration of the
borrowing and lending operations
concluded by the Union under the
European financial stabilization mechanism
ECB enacted Decision no 17 dated 14
October 2010 concerning the administration of
the borrowing and lending operations
concluded by the European Union under the
European financial stabilization mechanism
The said Decision was published in the Official
Journal of the European Union no L
27520102010 and may be accessed here
ECB amended the regulatory framework
regarding the Trans-European Automated
Real-time Gross Settlement Express
Transfer System
European Central Bank enacted on 2
November 2010 a decision for the amendment
of Decision ECB20077 regarding the terms
and conditions for Trans - European
Automated Real-time Gross settlement
Express Transfer system The said decision
was published in the Official Journal of
European Union no L 290536112010 and
may be accessed here
Issuer European Commission (ldquoECrdquo)
EC has amended the regulatory framework
regarding quality criteria and quality
reporting for balance of payments statistics
EC enacted on 20 December 2010 Regulation
no 12272010 amending ECrsquos Regulation no
10552008 implementing EC Regulation no
1842005 of the European Parliament and of
the Council as regards quality criteria and
quality reporting for balance of payments
statistics The said Regulation was published in
the Official Gazette of the European Union no
L 33615 dated 21122010 For more
information please access here
Capital Markets
Issuer European Parliament and
Council
European Parliament and Council amended
the Prospectus to be published in case of
initial public offers
On 24 November 2010 the European
Parliament and the Council enacted Directive
201073UE amending Directive 200371EC
on the prospectus to be published in case of
initial public offers and Directive 2004109EC
on the harmonization of transparency in
relation to information about issuers whose
securities are admitted to trading on a
regulated market We underline that the
Member States must insure the implementation
of the said Directive until 1 July 2012 The full
text of the Directive was published in the
Official Journal of the European Union L
32711122010 and may be accessed here
Domestic regulatory
proposals
Banking
Issuer NBR
Proposal of Regulation regarding payments
The proposal aims to systematize the
regulations issued by NBR in payments field
taking NBR regulations in this area into a
unitary structure and also structuring them
depending on the nature of activities in order to
facilitate knowledge and application of the legal
framework in payments field The said proposal
may be accessed here
Proposal of Regulation regarding the
reporting of statistic data and information
to NBR
To facilitate the knowledge and application of
the legal framework on statistic reporting this
proposal aims to systematize the regulations
issued by NBR in this area and to concentrate
them in a unitary structure The said proposal
may be accessed here
Private Pensions
Issuer PPSSC
Proposal of Norm regarding the merger of
voluntary pension funds The full text of the
proposal may be accessed here
Proposal of Norm regarding the
membership and record of the participants
in voluntary pension funds The full text of
the proposal may be accessed here
Capital Markets
Issuer NSC
Draft Instruction on auditing computer
systems used by entities authorized
regulated and supervised by the NSC The
said proposal may be accessed here
Proposal of Regulation amending NSCrsquos
Regulation no 32006 regarding the
authorization set up and operation of the
Investorsrsquo Compensation Fund The full text
of the proposal may be accessed here
International regulatory
proposals measures
Banking
Issuer Committee of European Banking Supervisors (ldquoCEBSrdquo)
CEBS enacted on 13 October 2010 its Draft
consultation paper on the Guidebook on
Internal Governance For more details please
access here
CEBS enacted on 18 October 2010 its
second peer review Report on the
functioning of supervisory colleges For
more details please access here
CEBS has published on 18 November 2010
its guidelines on revised Article 3 of
Directive 200648EC For more information
please access here
CEBS has published on 10 December 2010
its Guidelines on Remuneration Policies
and Practices The said Guidelines may be
accessed here
CEBS published on 22 December 2010 the
final text of its Guidelines for the joint
assessment of the elements covered by the
supervisory review and evaluation process
and joint decision regarding the capital
adequacy of cross-border groups For
further information please access here
Issuer Loan Market Association (bdquoLMArdquo) LMA published on October 2010 updated
information regarding loan-related ldquoKnow
Your Customerrdquo documentation For more
information please access here
Issuer EC EC launched on 5 November 2010 another
public consultation with respect to the
credit rating agencies For more details
please access here
Issuer ECB ECB enacted on 13 December 2010 the
Guideline amending the Guideline
ECB20007 on monetary policy instruments
and procedures of the Euro-system The
Guideline was published in the Official Gazette
of European Union no L 33663 dated
21122010 For further information please
access here
According to a press release dated 16
December 2010 ECB has decided to
increase its subscribed capital with 5 billion
EUR from 576 billion EUR to 1076 billion
EUR starting with 29 December 2010 For
more details please access here
Insurance
Issuer EC EC initiated public consultations on the
review of the Insurance Mediation Directive
The purpose of this consultation is to collect
views from all stakeholders concerned on the
necessary changes to address the main
weaknesses in the current Directive
200292EC of the European Parliament and
the Council on insurance mediation For further
information please access here
Capital Markets
Issuer Committee of European Securities Regulators (bdquoCESRrdquo) CESR enacted on 13 October 2010 its
second set of technical advice in the
context of reviewing Directive no 392004
on markets in financial instruments For
further information please access here
Issuer EC EC has initiated on 5 November 2010 a
public consultation process having as
object the collection of opinions for
determining harmonization and improving
the legal framework regarding the
possession and transmission of
transferable securities as well as the
exercising of rights correspondent to
transferable securities within the unique
market context For more details please
access here
EC has launched a public consultation
having as object the review of applicable
legal framework for Undertakings for
Collective Investment in Transferable
Securities concerning certain provisions on
managers remuneration for the purpose of
improving the protection level of investors
For more details please access here
Issuer European Securities and Markets Authority (ldquoESMArdquo) ESMA published on 2 December 2010 the
list of measures recently taken by its
Members on short-selling For further
information please access here
Reff amp Associates is the correspondent law firm of Deloitte Romania fully
integrated with the Deloitte multi-disciplinary advisory practice and affiliated to
a network of law firms and legal departments working with Deloitte all over the
world Deloittersquos correspondent legal practice provides assistance to clients in
Romania on various matters pertaining to mergers and acquisitions corporate
and commercial law finance banking and capital markets real estate project
finance employment competition fiscal and commercial litigation and
intellectual property
In the financial services sector Reff amp Associates provides the full range of
services to banks and financial institutions including
- Finance deals transaction support in bilateral and syndicated loans
loan workouts securitisation loan transfers and assists in drafting and
negotiating the transaction documentation (loan agreements security
and other ancillary documentation)
- MampA transactions in the financial services sector advice on the
structure of the transaction the pre-contractual documentation due
diligence draftingnegotiating the purchase agreements and assisting
the implementation of the transaction
- Regulatory assistance ongoing assistance with respect to the
specific legal and regulatory requirements applicable to banks non
banking financial institutions operating in Romania development of
new financial products representation in front of the regulators
(National Bank of Romania Insurance Supervisory Commission
Securities Commission etc)
For more details on our services and credentials in the FSI sector please
click here
Subscribe to the Financial Services Industry Monthly Bulletin
Contacts Andrei Burz Pinzaru
Partner
+ 40 21 207 52 05
aburzpinzarudeloittececom
Simina Mut
Managing Associate
+ 40 21 207 52 69
smutdeloittececom
Leontin Trifa
Managing Associate
+ 40 21 207 53 13
ltrifadeloittececom
Financial Services Industry Contacts in
Deloitte Romania
George Mucibabici
Chairman
+ 40 21 207 52 55
gmucibabicideloittececom
Audit
Ahmed Hassan
Partner + 40 21 207 52 60 ahhassandeloittececom
Enterprise Risk Services
Andrei Ionescu
Director
+ 40 21 207 54 85
aionescudeloittececom
Financial Advisory
Hein van Dam
Partner in Charge
+ 40 21 207 52 30
hvandamdeloittececom
Tax
Dan Badin
Partner + 40 21 207 53 92
dbadindeloittececom
Legal
Andrei Burz-Pinzaru
Partner ReffampAssociates
correspondent law firm of Deloitte Romania
+ 40 21 207 52 05
aburzpinzarudeloittececom
Consulting
Razvan Horobeanu
Manager
+ 40 21 207 53 57
rhorobeanudeloittececom
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited a UK private company limited by
guarantee and its network of member firms each of which is a legally separate and independent entity
Please see wwwdeloittecomroabout for a detailed description of the legal structure of Deloitte Touche
Tohmatsu Limited and its member firms
Deloitte provides audit tax consulting and financial advisory services to public and private clients
spanning multiple industries With a globally connected network of member firms in more than 150
countries Deloitte brings world-class capabilities and deep local expertise to help clients succeed
wherever they operate Deloittes approximately 170 000 professionals are committed to becoming the
standard of excellence
This publication contains general information only and none of Deloitte Touche Tohmatsu Limited any of
its member firms or any of the foregoingrsquos affiliates (collectively the ldquoDeloitte Networkrdquo) are by means of
this publication rendering accounting business financial investment legal tax or other professional
advice or services This publication is not a substitute for such professional advice or services nor should
it be used as a basis for any decision or action that may affect your finances or your business Before
making any decision or taking any action that may affect your finances or your business you should
consult a qualified professional adviser No entity in the Deloitte Network shall be responsible for any loss
whatsoever sustained by any person who relies on this publication
copy 2011 Deloitte Romania
NBR has amended the regulatory
framework regarding the techniques for
reducing the credit risk
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 16172010
regarding the amendment of joint NBRNSC
Regulation no 19242006 regarding the
techniques for reducing the credit risk used by
credit institutions and investment firms The
Regulation mentioned above has been
published in the Official Gazette no
72501112010 and may be accessed here
NBR has amended the regulatory
framework regarding the treatment of credit
risk in case of certain types of transactions
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 17152010
regarding the amendment of joint NBRNSC
Regulation no 20252006 regarding the
treatment of credit risk of counter-trade
concerning secondary financial instruments
redeem transactions giving taking
titlesmerchandise by loan long term deduction
and short loan transactions The Regulation
mentioned above has been published in the
Official Gazette no72501112010 and may be
accessed here
NBR has amended the regulatory
framework regarding the exposures
triggered by securitization
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 18162010
regarding the treatment of credit risk
correspondent to the exposures triggered by
securitization The Regulation mentioned
above has been published in the Official
Gazette no 72601112010 and may be
accessed here
NBR has amended the regulatory
framework regarding capital adequacy
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 19232010
regarding the amendment of joint NBRNSC
Regulation no 22272006 regarding capital
adequacy for credit institutions and investment
firms The Regulation mentioned above has
been published in the Official Gazette no
72601112010 and may be accessed here
NBR has amended the regulatory
framework regarding the technical criteria
referring to risk organization and treatment
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 20252010
regarding the amendment of joint NBRNSC
Regulation no 23282006 regarding the
technical criteria referring to risk organization
and treatment as well as the technical criteria
used by the competent authorities for their
verification and evaluation The Regulation
mentioned above has been published in the
Official Gazette no 72601112010 and may
be accessed here
NBR has amended the regulatory
framework regarding publishing
requirements for credit institutions
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 21262010
regarding the amendment of joint NBRNSC
Regulation no 25302006 regarding the
publishing requirements for credit institutions
and investment firms The Regulation
mentioned above has been published in the
Official Gazette no 72601112010 and may
be accessed here
NBR has amended the regulatory
framework regarding the computation of
minimum capital requirements
NBR (jointly with NSC) has approved the joint
NBRNSC Regulation no 23212010
regarding the amendment of the joint
NBRNSC Regulation no 13182006
regarding the computation of minimum capital
requirements for credit institutions and
investment firms The Regulation mentioned
above has been published in the Official
Gazette no 72601112010 and may be
accessed here
NBR enacted Circular no 362010 regarding
the level of the reference interest rate
applicable for November 2010 namely of
625 per year The Circular mentioned above
has been published in the Official Gazette no
72701112010 and may be accessed here
NBR has set the reference interest rate
valid for December 2010
NBR has issued Circular no 402010 on the
reference interest rate for December 2010
According to the above mentioned Circular
NBRrsquos reference interest rate in December
2010 was set at 625 per year Circular
mentioned above was published in the Official
Gazette no 80602122010 and may be
accessed here
NBR amended the method of preparation
for informative purposes of the individual
annual financial statements
NBR issued on 29112010 Order no 242010
for the amendment of NBRrsquos Order no
152009 on the drafting by the credit
institutions for informative purposes of the
individual annually financial statements in
accordance with International Financial
Reporting Standards The above mentioned
Order was published in the Official Gazette no
83413122010 and may be accessed here
NBR amended the regulatory framework of
the settlement in payment systems and in
settlement systems for financial
instruments
NBR enacted Order no 11912010 for the
amendment of NBRrsquos Order no 342008 on the
settlement of systems falling under the
provisions of Law no 2532004 on final
settlement in payment systems and settlement
systems for financial instruments The Order
mentioned above was published in the Official
Gazette no 83614122010 and may be
accessed here
NBR amended the regulatory framework on
the management of the activity of credit
institutions internal assessment of the
capital adequacy to risks and the
conditions for outsourcing
NBR enacted Regulation no 2510122010 for
the amendment of NBRrsquos Regulation no
182009 regarding the management of the
activity of credit institutions internal
assessment of the capital adequacy to risks
and the conditions for outsourcing The above
mentioned Regulation was published in the
Official Gazette no 85621122010 and it may
be accessed here
NBR amended the regulatory framework
applicable to the reporting of high
exposures by credit institutions
NBR enacted Order no 232010 regarding the
reporting of high exposures by credit
institutions The Order was published in the
Official Gazette no 75612112010 and may
be accessed here
NBR established the interest rates paid to
mandatory minimum reserves for October
24 - November 23 2010
NBR enacted Circular no 372010 on the
interest rates paid to mandatory minimum
reserves for October 24 - November 23 2010
described below as follows
161 per year for mandatory minimum
reserves established in lei
102 per year for mandatory minimum
reserves established in Euros
046 per year for mandatory minimum
reserves established in USA dollars
The said circular was published in the Official
Gazette no 77719112010 and may be
accessed here
NBR amended the current regulatory
framework regarding the reporting of the
minimum capital requirements by credit
institutions
NBR enacted Order no 222010 regarding the
reporting of the minimum capital requirements
by credit institutions The above mentioned
Order was published in the Official Gazette no
78624112010 and may be accessed here
NBRrsquos Order no 222010 entered into force on
31122010 moment upon which NBRrsquos Order
no 122007 regarding the reporting of the
minimum capital requirements has been
repealed
NBR amended the regulatory framework on
the reporting of statements relating to
credit exposures recorded against debtors
which are outside the credit system
NBR enacted Order no 2510122010
regarding the reporting of statements relating
to credit exposures recorded against debtors
which are outside the credit system The said
Order was published in the Official Gazette no
86022122010 and it may be accessed here
NBR amended the regulatory framework
regarding the accounting regulations
according to European directives
applicable to credit institutions non-
banking financial institutions and to the
Fund for guaranteeing the deposits in the
banking system
NBR issued Order no 262010 regarding the
amendment of the accounting regulations
according to European directives applicable to
credit institutions non-banking financial
institutions and to the Fund for guaranteeing
the deposits in the banking system approved
through NBR Order no 132008 The said
Order was published in the Official Gazette no
88629122010 and may be accessed here
NBR established the regulatory framework
regarding the Accounting regulations
according to International Financial
Reporting Standards applicable to credit
institutions
NBR issued Order no 272010 for the approval
of the Accounting regulations according to
International Financial Reporting Standards
applicable to credit institutions The said Order
was published in the Official Gazette no
89030122010 and may be accessed here
Issuer Romanian Parliament
Romanian Parliament amended
Government Emergency Ordinance no
262010
Romanian Parliament enacted on 07122010
Law no 2312010 for the approval and
amendment of Government Emergency
Ordinance no 262010 We underline that the
said emergency ordinance amended at its turn
Government Emergency Ordinance no
992006 on credit institutions and capital
adequacy The said Law was published in the
Official Gazette no 82610122010 and may
be accessed here
The Romanian Parliament amended the
regulatory framework regarding credit
contracts concluded with consumers
The Parliament enacted Law no 2882010 for
the approval of Governmentrsquos Emergency
Ordinance no 502010 regarding the credit
contracts for consumers The said Law was
published with the Official Gazette no
89030122010 and may be accessed here
PPSSC has amended the regulatory
framework regarding private pension
scheme prospectus
PPSSC has issued Norm no 142010 for the
amendment of PPSSCrsquos Norm no 72007 on
private pension scheme prospectus The
above mentioned Norm was published in the
Official Gazette no 72229102010 and may
be accessed here
PPSSC has amended the regulatory
framework regarding the maximum
percentage which can be invested for each
asset of the funds of voluntary pension
funds
PPSSC has issued Norm no 152010 for the
amendment of the Norm no 262007 regarding
the temporary amendment of the maximum
percentage which can be invested for each
asset of the funds of voluntary pension funds
The said Norm was published in the Official
Gazette no 7302112010 and may be
accessed here
PPSSC has amended the regulatory
framework regarding the prospectus of the
voluntary pension scheme
PPSSC has issued Norm no 162010
regarding the prospectus of the voluntary
pension scheme The said Norm was
published in the Official Gazette no
80030112010 and may be accessed here
Insurance
Issuer Insurance Supervision
Commission (ldquoISCrdquo)
ISC amended the regulatory framework
regarding electronic reporting of insurance
contracts
ISC enacted Order no 132010 for the
approval of the Norms regarding the conditions
and manners of electronic reporting of the data
corresponding to the insurance contracts
concluded for the vehicles registered in
Romania The said Order was published in the
Official Gazette no 84416122010
Private Pensions
Issuer Private Pension System
Supervision Commission (ldquoPPSSCrdquo)
PPSSC amended the regulatory framework
regarding the authorization of the
management of privately administered
pension funds
PPSSC enacted Norm no 122010 regarding
the authorization of the establishment of a
pension company and the license for the
management of privately managed pension
funds The above mentioned Norm was
published in the Official Gazette No
69114102010 and may be accessed here
PPSSC amended the regulatory framework
regarding the authorization of the
management of voluntary pension funds
PPSSC enacted Norm no 132010 regarding
the authorization of the establishment of
pension companies and for the management of
voluntary pension funds The above mentioned
Norm was published in the Official Gazette No
69114102010 and may be accessed here
Capital Markets
Issuer National Securities
Commission (ldquoNSCrdquo)
NSC suspended the application of the
provisions of Regulation no 12006
regarding the mandatory registration of
securities with NSC
NSC enacted Notice no 1513102010
regarding the mandatory registration of
securities with NSC According to the said
Notice NSC decided to suspend the
application of the provisions of Article 100 (3)
(b) of NSCrsquos Regulation no 12006 regarding
issuers and securities operations pertaining to
the mandatory registration with NSC of the
securities traded within an alternative trading
system in accordance with its functioning
regulations approved by NSC The said notice
may be accessed here
NSC clarified certain aspects related to the
applicability of Article 206 and 207 of Law
no 2972004 regarding capital markets
NSC enacted Notice no 4414102010
regarding the applicability of the provisions of
Article 206 and 207 of Law no 2972004
regarding capital markets (ldquoLaw 2972004rdquo)
and pertaining to mandatory takeovers Thus
according to the mentioned Notice the
initiation andor development of corporate
operations leading to the adjusting of the share
capital of a company upon closing of a public
purchase offer made to all of the companyrsquos
shareholders and for all of their holdings does
not fall under the provisions of Article 206 and
207 of Law no 2972004 The said notice may
be accessed here
NSC clarified certain aspects related to the
restrictions applicable to the members of
the board of directors of market operators
from the perspective of RASDAQ market
NSC enacted Notice no 4313102010
regarding the restrictions applicable to the
members of the board of directors of a market
operator In accordance with the said Notice a
member of the board of a market operator
cannot be also a member in the board of a
company whose securities are traded by that
respective operator with this restriction being
expressly extended now to RASDAQ market
as well For more information please access
here
NSC clarified certain aspects regarding to
undertakings for collective investment
NSC enacted Decision no 14812010 based
on which the amendments brought to the
documentation submitted by undertakings for
collective investment which are not harmonized
or from third states that distribute participation
titles in Romania should be authorized by NSC
The above mentioned Decision may be
accessed here
NSC amended the regulatory framework
regarding the preparation and submission
of annual financial statements by entities
authorized regulated and supervised by
NSC
NSC enacted Order no 11514122010
approving the Instruction no 4 2010 for the
amendment of NSCrsquos Instruction no 2 2007
regarding the preparation and submission of
annual financial statements by entities
authorized regulated and supervised by the
NSC The said Order was published in the
Official Gazette no 85120122010 and it may
be accessed here
NSC amended the regulatory framework
regarding electronic reporting
NSC enacted Regulation no 272010
regarding electronic supervision through
reporting The said Regulation has been
published in the Official Gazette no
79729112010 and it may be accessed here
International
regulatory updates
Banking
Issuer European Central Bank
(ldquoECBrdquo)
ECB amended the regulatory framework
regarding the administration of the
borrowing and lending operations
concluded by the Union under the
European financial stabilization mechanism
ECB enacted Decision no 17 dated 14
October 2010 concerning the administration of
the borrowing and lending operations
concluded by the European Union under the
European financial stabilization mechanism
The said Decision was published in the Official
Journal of the European Union no L
27520102010 and may be accessed here
ECB amended the regulatory framework
regarding the Trans-European Automated
Real-time Gross Settlement Express
Transfer System
European Central Bank enacted on 2
November 2010 a decision for the amendment
of Decision ECB20077 regarding the terms
and conditions for Trans - European
Automated Real-time Gross settlement
Express Transfer system The said decision
was published in the Official Journal of
European Union no L 290536112010 and
may be accessed here
Issuer European Commission (ldquoECrdquo)
EC has amended the regulatory framework
regarding quality criteria and quality
reporting for balance of payments statistics
EC enacted on 20 December 2010 Regulation
no 12272010 amending ECrsquos Regulation no
10552008 implementing EC Regulation no
1842005 of the European Parliament and of
the Council as regards quality criteria and
quality reporting for balance of payments
statistics The said Regulation was published in
the Official Gazette of the European Union no
L 33615 dated 21122010 For more
information please access here
Capital Markets
Issuer European Parliament and
Council
European Parliament and Council amended
the Prospectus to be published in case of
initial public offers
On 24 November 2010 the European
Parliament and the Council enacted Directive
201073UE amending Directive 200371EC
on the prospectus to be published in case of
initial public offers and Directive 2004109EC
on the harmonization of transparency in
relation to information about issuers whose
securities are admitted to trading on a
regulated market We underline that the
Member States must insure the implementation
of the said Directive until 1 July 2012 The full
text of the Directive was published in the
Official Journal of the European Union L
32711122010 and may be accessed here
Domestic regulatory
proposals
Banking
Issuer NBR
Proposal of Regulation regarding payments
The proposal aims to systematize the
regulations issued by NBR in payments field
taking NBR regulations in this area into a
unitary structure and also structuring them
depending on the nature of activities in order to
facilitate knowledge and application of the legal
framework in payments field The said proposal
may be accessed here
Proposal of Regulation regarding the
reporting of statistic data and information
to NBR
To facilitate the knowledge and application of
the legal framework on statistic reporting this
proposal aims to systematize the regulations
issued by NBR in this area and to concentrate
them in a unitary structure The said proposal
may be accessed here
Private Pensions
Issuer PPSSC
Proposal of Norm regarding the merger of
voluntary pension funds The full text of the
proposal may be accessed here
Proposal of Norm regarding the
membership and record of the participants
in voluntary pension funds The full text of
the proposal may be accessed here
Capital Markets
Issuer NSC
Draft Instruction on auditing computer
systems used by entities authorized
regulated and supervised by the NSC The
said proposal may be accessed here
Proposal of Regulation amending NSCrsquos
Regulation no 32006 regarding the
authorization set up and operation of the
Investorsrsquo Compensation Fund The full text
of the proposal may be accessed here
International regulatory
proposals measures
Banking
Issuer Committee of European Banking Supervisors (ldquoCEBSrdquo)
CEBS enacted on 13 October 2010 its Draft
consultation paper on the Guidebook on
Internal Governance For more details please
access here
CEBS enacted on 18 October 2010 its
second peer review Report on the
functioning of supervisory colleges For
more details please access here
CEBS has published on 18 November 2010
its guidelines on revised Article 3 of
Directive 200648EC For more information
please access here
CEBS has published on 10 December 2010
its Guidelines on Remuneration Policies
and Practices The said Guidelines may be
accessed here
CEBS published on 22 December 2010 the
final text of its Guidelines for the joint
assessment of the elements covered by the
supervisory review and evaluation process
and joint decision regarding the capital
adequacy of cross-border groups For
further information please access here
Issuer Loan Market Association (bdquoLMArdquo) LMA published on October 2010 updated
information regarding loan-related ldquoKnow
Your Customerrdquo documentation For more
information please access here
Issuer EC EC launched on 5 November 2010 another
public consultation with respect to the
credit rating agencies For more details
please access here
Issuer ECB ECB enacted on 13 December 2010 the
Guideline amending the Guideline
ECB20007 on monetary policy instruments
and procedures of the Euro-system The
Guideline was published in the Official Gazette
of European Union no L 33663 dated
21122010 For further information please
access here
According to a press release dated 16
December 2010 ECB has decided to
increase its subscribed capital with 5 billion
EUR from 576 billion EUR to 1076 billion
EUR starting with 29 December 2010 For
more details please access here
Insurance
Issuer EC EC initiated public consultations on the
review of the Insurance Mediation Directive
The purpose of this consultation is to collect
views from all stakeholders concerned on the
necessary changes to address the main
weaknesses in the current Directive
200292EC of the European Parliament and
the Council on insurance mediation For further
information please access here
Capital Markets
Issuer Committee of European Securities Regulators (bdquoCESRrdquo) CESR enacted on 13 October 2010 its
second set of technical advice in the
context of reviewing Directive no 392004
on markets in financial instruments For
further information please access here
Issuer EC EC has initiated on 5 November 2010 a
public consultation process having as
object the collection of opinions for
determining harmonization and improving
the legal framework regarding the
possession and transmission of
transferable securities as well as the
exercising of rights correspondent to
transferable securities within the unique
market context For more details please
access here
EC has launched a public consultation
having as object the review of applicable
legal framework for Undertakings for
Collective Investment in Transferable
Securities concerning certain provisions on
managers remuneration for the purpose of
improving the protection level of investors
For more details please access here
Issuer European Securities and Markets Authority (ldquoESMArdquo) ESMA published on 2 December 2010 the
list of measures recently taken by its
Members on short-selling For further
information please access here
Reff amp Associates is the correspondent law firm of Deloitte Romania fully
integrated with the Deloitte multi-disciplinary advisory practice and affiliated to
a network of law firms and legal departments working with Deloitte all over the
world Deloittersquos correspondent legal practice provides assistance to clients in
Romania on various matters pertaining to mergers and acquisitions corporate
and commercial law finance banking and capital markets real estate project
finance employment competition fiscal and commercial litigation and
intellectual property
In the financial services sector Reff amp Associates provides the full range of
services to banks and financial institutions including
- Finance deals transaction support in bilateral and syndicated loans
loan workouts securitisation loan transfers and assists in drafting and
negotiating the transaction documentation (loan agreements security
and other ancillary documentation)
- MampA transactions in the financial services sector advice on the
structure of the transaction the pre-contractual documentation due
diligence draftingnegotiating the purchase agreements and assisting
the implementation of the transaction
- Regulatory assistance ongoing assistance with respect to the
specific legal and regulatory requirements applicable to banks non
banking financial institutions operating in Romania development of
new financial products representation in front of the regulators
(National Bank of Romania Insurance Supervisory Commission
Securities Commission etc)
For more details on our services and credentials in the FSI sector please
click here
Subscribe to the Financial Services Industry Monthly Bulletin
Contacts Andrei Burz Pinzaru
Partner
+ 40 21 207 52 05
aburzpinzarudeloittececom
Simina Mut
Managing Associate
+ 40 21 207 52 69
smutdeloittececom
Leontin Trifa
Managing Associate
+ 40 21 207 53 13
ltrifadeloittececom
Financial Services Industry Contacts in
Deloitte Romania
George Mucibabici
Chairman
+ 40 21 207 52 55
gmucibabicideloittececom
Audit
Ahmed Hassan
Partner + 40 21 207 52 60 ahhassandeloittececom
Enterprise Risk Services
Andrei Ionescu
Director
+ 40 21 207 54 85
aionescudeloittececom
Financial Advisory
Hein van Dam
Partner in Charge
+ 40 21 207 52 30
hvandamdeloittececom
Tax
Dan Badin
Partner + 40 21 207 53 92
dbadindeloittececom
Legal
Andrei Burz-Pinzaru
Partner ReffampAssociates
correspondent law firm of Deloitte Romania
+ 40 21 207 52 05
aburzpinzarudeloittececom
Consulting
Razvan Horobeanu
Manager
+ 40 21 207 53 57
rhorobeanudeloittececom
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited a UK private company limited by
guarantee and its network of member firms each of which is a legally separate and independent entity
Please see wwwdeloittecomroabout for a detailed description of the legal structure of Deloitte Touche
Tohmatsu Limited and its member firms
Deloitte provides audit tax consulting and financial advisory services to public and private clients
spanning multiple industries With a globally connected network of member firms in more than 150
countries Deloitte brings world-class capabilities and deep local expertise to help clients succeed
wherever they operate Deloittes approximately 170 000 professionals are committed to becoming the
standard of excellence
This publication contains general information only and none of Deloitte Touche Tohmatsu Limited any of
its member firms or any of the foregoingrsquos affiliates (collectively the ldquoDeloitte Networkrdquo) are by means of
this publication rendering accounting business financial investment legal tax or other professional
advice or services This publication is not a substitute for such professional advice or services nor should
it be used as a basis for any decision or action that may affect your finances or your business Before
making any decision or taking any action that may affect your finances or your business you should
consult a qualified professional adviser No entity in the Deloitte Network shall be responsible for any loss
whatsoever sustained by any person who relies on this publication
copy 2011 Deloitte Romania
NBR has set the reference interest rate
valid for December 2010
NBR has issued Circular no 402010 on the
reference interest rate for December 2010
According to the above mentioned Circular
NBRrsquos reference interest rate in December
2010 was set at 625 per year Circular
mentioned above was published in the Official
Gazette no 80602122010 and may be
accessed here
NBR amended the method of preparation
for informative purposes of the individual
annual financial statements
NBR issued on 29112010 Order no 242010
for the amendment of NBRrsquos Order no
152009 on the drafting by the credit
institutions for informative purposes of the
individual annually financial statements in
accordance with International Financial
Reporting Standards The above mentioned
Order was published in the Official Gazette no
83413122010 and may be accessed here
NBR amended the regulatory framework of
the settlement in payment systems and in
settlement systems for financial
instruments
NBR enacted Order no 11912010 for the
amendment of NBRrsquos Order no 342008 on the
settlement of systems falling under the
provisions of Law no 2532004 on final
settlement in payment systems and settlement
systems for financial instruments The Order
mentioned above was published in the Official
Gazette no 83614122010 and may be
accessed here
NBR amended the regulatory framework on
the management of the activity of credit
institutions internal assessment of the
capital adequacy to risks and the
conditions for outsourcing
NBR enacted Regulation no 2510122010 for
the amendment of NBRrsquos Regulation no
182009 regarding the management of the
activity of credit institutions internal
assessment of the capital adequacy to risks
and the conditions for outsourcing The above
mentioned Regulation was published in the
Official Gazette no 85621122010 and it may
be accessed here
NBR amended the regulatory framework
applicable to the reporting of high
exposures by credit institutions
NBR enacted Order no 232010 regarding the
reporting of high exposures by credit
institutions The Order was published in the
Official Gazette no 75612112010 and may
be accessed here
NBR established the interest rates paid to
mandatory minimum reserves for October
24 - November 23 2010
NBR enacted Circular no 372010 on the
interest rates paid to mandatory minimum
reserves for October 24 - November 23 2010
described below as follows
161 per year for mandatory minimum
reserves established in lei
102 per year for mandatory minimum
reserves established in Euros
046 per year for mandatory minimum
reserves established in USA dollars
The said circular was published in the Official
Gazette no 77719112010 and may be
accessed here
NBR amended the current regulatory
framework regarding the reporting of the
minimum capital requirements by credit
institutions
NBR enacted Order no 222010 regarding the
reporting of the minimum capital requirements
by credit institutions The above mentioned
Order was published in the Official Gazette no
78624112010 and may be accessed here
NBRrsquos Order no 222010 entered into force on
31122010 moment upon which NBRrsquos Order
no 122007 regarding the reporting of the
minimum capital requirements has been
repealed
NBR amended the regulatory framework on
the reporting of statements relating to
credit exposures recorded against debtors
which are outside the credit system
NBR enacted Order no 2510122010
regarding the reporting of statements relating
to credit exposures recorded against debtors
which are outside the credit system The said
Order was published in the Official Gazette no
86022122010 and it may be accessed here
NBR amended the regulatory framework
regarding the accounting regulations
according to European directives
applicable to credit institutions non-
banking financial institutions and to the
Fund for guaranteeing the deposits in the
banking system
NBR issued Order no 262010 regarding the
amendment of the accounting regulations
according to European directives applicable to
credit institutions non-banking financial
institutions and to the Fund for guaranteeing
the deposits in the banking system approved
through NBR Order no 132008 The said
Order was published in the Official Gazette no
88629122010 and may be accessed here
NBR established the regulatory framework
regarding the Accounting regulations
according to International Financial
Reporting Standards applicable to credit
institutions
NBR issued Order no 272010 for the approval
of the Accounting regulations according to
International Financial Reporting Standards
applicable to credit institutions The said Order
was published in the Official Gazette no
89030122010 and may be accessed here
Issuer Romanian Parliament
Romanian Parliament amended
Government Emergency Ordinance no
262010
Romanian Parliament enacted on 07122010
Law no 2312010 for the approval and
amendment of Government Emergency
Ordinance no 262010 We underline that the
said emergency ordinance amended at its turn
Government Emergency Ordinance no
992006 on credit institutions and capital
adequacy The said Law was published in the
Official Gazette no 82610122010 and may
be accessed here
The Romanian Parliament amended the
regulatory framework regarding credit
contracts concluded with consumers
The Parliament enacted Law no 2882010 for
the approval of Governmentrsquos Emergency
Ordinance no 502010 regarding the credit
contracts for consumers The said Law was
published with the Official Gazette no
89030122010 and may be accessed here
PPSSC has amended the regulatory
framework regarding private pension
scheme prospectus
PPSSC has issued Norm no 142010 for the
amendment of PPSSCrsquos Norm no 72007 on
private pension scheme prospectus The
above mentioned Norm was published in the
Official Gazette no 72229102010 and may
be accessed here
PPSSC has amended the regulatory
framework regarding the maximum
percentage which can be invested for each
asset of the funds of voluntary pension
funds
PPSSC has issued Norm no 152010 for the
amendment of the Norm no 262007 regarding
the temporary amendment of the maximum
percentage which can be invested for each
asset of the funds of voluntary pension funds
The said Norm was published in the Official
Gazette no 7302112010 and may be
accessed here
PPSSC has amended the regulatory
framework regarding the prospectus of the
voluntary pension scheme
PPSSC has issued Norm no 162010
regarding the prospectus of the voluntary
pension scheme The said Norm was
published in the Official Gazette no
80030112010 and may be accessed here
Insurance
Issuer Insurance Supervision
Commission (ldquoISCrdquo)
ISC amended the regulatory framework
regarding electronic reporting of insurance
contracts
ISC enacted Order no 132010 for the
approval of the Norms regarding the conditions
and manners of electronic reporting of the data
corresponding to the insurance contracts
concluded for the vehicles registered in
Romania The said Order was published in the
Official Gazette no 84416122010
Private Pensions
Issuer Private Pension System
Supervision Commission (ldquoPPSSCrdquo)
PPSSC amended the regulatory framework
regarding the authorization of the
management of privately administered
pension funds
PPSSC enacted Norm no 122010 regarding
the authorization of the establishment of a
pension company and the license for the
management of privately managed pension
funds The above mentioned Norm was
published in the Official Gazette No
69114102010 and may be accessed here
PPSSC amended the regulatory framework
regarding the authorization of the
management of voluntary pension funds
PPSSC enacted Norm no 132010 regarding
the authorization of the establishment of
pension companies and for the management of
voluntary pension funds The above mentioned
Norm was published in the Official Gazette No
69114102010 and may be accessed here
Capital Markets
Issuer National Securities
Commission (ldquoNSCrdquo)
NSC suspended the application of the
provisions of Regulation no 12006
regarding the mandatory registration of
securities with NSC
NSC enacted Notice no 1513102010
regarding the mandatory registration of
securities with NSC According to the said
Notice NSC decided to suspend the
application of the provisions of Article 100 (3)
(b) of NSCrsquos Regulation no 12006 regarding
issuers and securities operations pertaining to
the mandatory registration with NSC of the
securities traded within an alternative trading
system in accordance with its functioning
regulations approved by NSC The said notice
may be accessed here
NSC clarified certain aspects related to the
applicability of Article 206 and 207 of Law
no 2972004 regarding capital markets
NSC enacted Notice no 4414102010
regarding the applicability of the provisions of
Article 206 and 207 of Law no 2972004
regarding capital markets (ldquoLaw 2972004rdquo)
and pertaining to mandatory takeovers Thus
according to the mentioned Notice the
initiation andor development of corporate
operations leading to the adjusting of the share
capital of a company upon closing of a public
purchase offer made to all of the companyrsquos
shareholders and for all of their holdings does
not fall under the provisions of Article 206 and
207 of Law no 2972004 The said notice may
be accessed here
NSC clarified certain aspects related to the
restrictions applicable to the members of
the board of directors of market operators
from the perspective of RASDAQ market
NSC enacted Notice no 4313102010
regarding the restrictions applicable to the
members of the board of directors of a market
operator In accordance with the said Notice a
member of the board of a market operator
cannot be also a member in the board of a
company whose securities are traded by that
respective operator with this restriction being
expressly extended now to RASDAQ market
as well For more information please access
here
NSC clarified certain aspects regarding to
undertakings for collective investment
NSC enacted Decision no 14812010 based
on which the amendments brought to the
documentation submitted by undertakings for
collective investment which are not harmonized
or from third states that distribute participation
titles in Romania should be authorized by NSC
The above mentioned Decision may be
accessed here
NSC amended the regulatory framework
regarding the preparation and submission
of annual financial statements by entities
authorized regulated and supervised by
NSC
NSC enacted Order no 11514122010
approving the Instruction no 4 2010 for the
amendment of NSCrsquos Instruction no 2 2007
regarding the preparation and submission of
annual financial statements by entities
authorized regulated and supervised by the
NSC The said Order was published in the
Official Gazette no 85120122010 and it may
be accessed here
NSC amended the regulatory framework
regarding electronic reporting
NSC enacted Regulation no 272010
regarding electronic supervision through
reporting The said Regulation has been
published in the Official Gazette no
79729112010 and it may be accessed here
International
regulatory updates
Banking
Issuer European Central Bank
(ldquoECBrdquo)
ECB amended the regulatory framework
regarding the administration of the
borrowing and lending operations
concluded by the Union under the
European financial stabilization mechanism
ECB enacted Decision no 17 dated 14
October 2010 concerning the administration of
the borrowing and lending operations
concluded by the European Union under the
European financial stabilization mechanism
The said Decision was published in the Official
Journal of the European Union no L
27520102010 and may be accessed here
ECB amended the regulatory framework
regarding the Trans-European Automated
Real-time Gross Settlement Express
Transfer System
European Central Bank enacted on 2
November 2010 a decision for the amendment
of Decision ECB20077 regarding the terms
and conditions for Trans - European
Automated Real-time Gross settlement
Express Transfer system The said decision
was published in the Official Journal of
European Union no L 290536112010 and
may be accessed here
Issuer European Commission (ldquoECrdquo)
EC has amended the regulatory framework
regarding quality criteria and quality
reporting for balance of payments statistics
EC enacted on 20 December 2010 Regulation
no 12272010 amending ECrsquos Regulation no
10552008 implementing EC Regulation no
1842005 of the European Parliament and of
the Council as regards quality criteria and
quality reporting for balance of payments
statistics The said Regulation was published in
the Official Gazette of the European Union no
L 33615 dated 21122010 For more
information please access here
Capital Markets
Issuer European Parliament and
Council
European Parliament and Council amended
the Prospectus to be published in case of
initial public offers
On 24 November 2010 the European
Parliament and the Council enacted Directive
201073UE amending Directive 200371EC
on the prospectus to be published in case of
initial public offers and Directive 2004109EC
on the harmonization of transparency in
relation to information about issuers whose
securities are admitted to trading on a
regulated market We underline that the
Member States must insure the implementation
of the said Directive until 1 July 2012 The full
text of the Directive was published in the
Official Journal of the European Union L
32711122010 and may be accessed here
Domestic regulatory
proposals
Banking
Issuer NBR
Proposal of Regulation regarding payments
The proposal aims to systematize the
regulations issued by NBR in payments field
taking NBR regulations in this area into a
unitary structure and also structuring them
depending on the nature of activities in order to
facilitate knowledge and application of the legal
framework in payments field The said proposal
may be accessed here
Proposal of Regulation regarding the
reporting of statistic data and information
to NBR
To facilitate the knowledge and application of
the legal framework on statistic reporting this
proposal aims to systematize the regulations
issued by NBR in this area and to concentrate
them in a unitary structure The said proposal
may be accessed here
Private Pensions
Issuer PPSSC
Proposal of Norm regarding the merger of
voluntary pension funds The full text of the
proposal may be accessed here
Proposal of Norm regarding the
membership and record of the participants
in voluntary pension funds The full text of
the proposal may be accessed here
Capital Markets
Issuer NSC
Draft Instruction on auditing computer
systems used by entities authorized
regulated and supervised by the NSC The
said proposal may be accessed here
Proposal of Regulation amending NSCrsquos
Regulation no 32006 regarding the
authorization set up and operation of the
Investorsrsquo Compensation Fund The full text
of the proposal may be accessed here
International regulatory
proposals measures
Banking
Issuer Committee of European Banking Supervisors (ldquoCEBSrdquo)
CEBS enacted on 13 October 2010 its Draft
consultation paper on the Guidebook on
Internal Governance For more details please
access here
CEBS enacted on 18 October 2010 its
second peer review Report on the
functioning of supervisory colleges For
more details please access here
CEBS has published on 18 November 2010
its guidelines on revised Article 3 of
Directive 200648EC For more information
please access here
CEBS has published on 10 December 2010
its Guidelines on Remuneration Policies
and Practices The said Guidelines may be
accessed here
CEBS published on 22 December 2010 the
final text of its Guidelines for the joint
assessment of the elements covered by the
supervisory review and evaluation process
and joint decision regarding the capital
adequacy of cross-border groups For
further information please access here
Issuer Loan Market Association (bdquoLMArdquo) LMA published on October 2010 updated
information regarding loan-related ldquoKnow
Your Customerrdquo documentation For more
information please access here
Issuer EC EC launched on 5 November 2010 another
public consultation with respect to the
credit rating agencies For more details
please access here
Issuer ECB ECB enacted on 13 December 2010 the
Guideline amending the Guideline
ECB20007 on monetary policy instruments
and procedures of the Euro-system The
Guideline was published in the Official Gazette
of European Union no L 33663 dated
21122010 For further information please
access here
According to a press release dated 16
December 2010 ECB has decided to
increase its subscribed capital with 5 billion
EUR from 576 billion EUR to 1076 billion
EUR starting with 29 December 2010 For
more details please access here
Insurance
Issuer EC EC initiated public consultations on the
review of the Insurance Mediation Directive
The purpose of this consultation is to collect
views from all stakeholders concerned on the
necessary changes to address the main
weaknesses in the current Directive
200292EC of the European Parliament and
the Council on insurance mediation For further
information please access here
Capital Markets
Issuer Committee of European Securities Regulators (bdquoCESRrdquo) CESR enacted on 13 October 2010 its
second set of technical advice in the
context of reviewing Directive no 392004
on markets in financial instruments For
further information please access here
Issuer EC EC has initiated on 5 November 2010 a
public consultation process having as
object the collection of opinions for
determining harmonization and improving
the legal framework regarding the
possession and transmission of
transferable securities as well as the
exercising of rights correspondent to
transferable securities within the unique
market context For more details please
access here
EC has launched a public consultation
having as object the review of applicable
legal framework for Undertakings for
Collective Investment in Transferable
Securities concerning certain provisions on
managers remuneration for the purpose of
improving the protection level of investors
For more details please access here
Issuer European Securities and Markets Authority (ldquoESMArdquo) ESMA published on 2 December 2010 the
list of measures recently taken by its
Members on short-selling For further
information please access here
Reff amp Associates is the correspondent law firm of Deloitte Romania fully
integrated with the Deloitte multi-disciplinary advisory practice and affiliated to
a network of law firms and legal departments working with Deloitte all over the
world Deloittersquos correspondent legal practice provides assistance to clients in
Romania on various matters pertaining to mergers and acquisitions corporate
and commercial law finance banking and capital markets real estate project
finance employment competition fiscal and commercial litigation and
intellectual property
In the financial services sector Reff amp Associates provides the full range of
services to banks and financial institutions including
- Finance deals transaction support in bilateral and syndicated loans
loan workouts securitisation loan transfers and assists in drafting and
negotiating the transaction documentation (loan agreements security
and other ancillary documentation)
- MampA transactions in the financial services sector advice on the
structure of the transaction the pre-contractual documentation due
diligence draftingnegotiating the purchase agreements and assisting
the implementation of the transaction
- Regulatory assistance ongoing assistance with respect to the
specific legal and regulatory requirements applicable to banks non
banking financial institutions operating in Romania development of
new financial products representation in front of the regulators
(National Bank of Romania Insurance Supervisory Commission
Securities Commission etc)
For more details on our services and credentials in the FSI sector please
click here
Subscribe to the Financial Services Industry Monthly Bulletin
Contacts Andrei Burz Pinzaru
Partner
+ 40 21 207 52 05
aburzpinzarudeloittececom
Simina Mut
Managing Associate
+ 40 21 207 52 69
smutdeloittececom
Leontin Trifa
Managing Associate
+ 40 21 207 53 13
ltrifadeloittececom
Financial Services Industry Contacts in
Deloitte Romania
George Mucibabici
Chairman
+ 40 21 207 52 55
gmucibabicideloittececom
Audit
Ahmed Hassan
Partner + 40 21 207 52 60 ahhassandeloittececom
Enterprise Risk Services
Andrei Ionescu
Director
+ 40 21 207 54 85
aionescudeloittececom
Financial Advisory
Hein van Dam
Partner in Charge
+ 40 21 207 52 30
hvandamdeloittececom
Tax
Dan Badin
Partner + 40 21 207 53 92
dbadindeloittececom
Legal
Andrei Burz-Pinzaru
Partner ReffampAssociates
correspondent law firm of Deloitte Romania
+ 40 21 207 52 05
aburzpinzarudeloittececom
Consulting
Razvan Horobeanu
Manager
+ 40 21 207 53 57
rhorobeanudeloittececom
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited a UK private company limited by
guarantee and its network of member firms each of which is a legally separate and independent entity
Please see wwwdeloittecomroabout for a detailed description of the legal structure of Deloitte Touche
Tohmatsu Limited and its member firms
Deloitte provides audit tax consulting and financial advisory services to public and private clients
spanning multiple industries With a globally connected network of member firms in more than 150
countries Deloitte brings world-class capabilities and deep local expertise to help clients succeed
wherever they operate Deloittes approximately 170 000 professionals are committed to becoming the
standard of excellence
This publication contains general information only and none of Deloitte Touche Tohmatsu Limited any of
its member firms or any of the foregoingrsquos affiliates (collectively the ldquoDeloitte Networkrdquo) are by means of
this publication rendering accounting business financial investment legal tax or other professional
advice or services This publication is not a substitute for such professional advice or services nor should
it be used as a basis for any decision or action that may affect your finances or your business Before
making any decision or taking any action that may affect your finances or your business you should
consult a qualified professional adviser No entity in the Deloitte Network shall be responsible for any loss
whatsoever sustained by any person who relies on this publication
copy 2011 Deloitte Romania
NBR amended the regulatory framework on
the reporting of statements relating to
credit exposures recorded against debtors
which are outside the credit system
NBR enacted Order no 2510122010
regarding the reporting of statements relating
to credit exposures recorded against debtors
which are outside the credit system The said
Order was published in the Official Gazette no
86022122010 and it may be accessed here
NBR amended the regulatory framework
regarding the accounting regulations
according to European directives
applicable to credit institutions non-
banking financial institutions and to the
Fund for guaranteeing the deposits in the
banking system
NBR issued Order no 262010 regarding the
amendment of the accounting regulations
according to European directives applicable to
credit institutions non-banking financial
institutions and to the Fund for guaranteeing
the deposits in the banking system approved
through NBR Order no 132008 The said
Order was published in the Official Gazette no
88629122010 and may be accessed here
NBR established the regulatory framework
regarding the Accounting regulations
according to International Financial
Reporting Standards applicable to credit
institutions
NBR issued Order no 272010 for the approval
of the Accounting regulations according to
International Financial Reporting Standards
applicable to credit institutions The said Order
was published in the Official Gazette no
89030122010 and may be accessed here
Issuer Romanian Parliament
Romanian Parliament amended
Government Emergency Ordinance no
262010
Romanian Parliament enacted on 07122010
Law no 2312010 for the approval and
amendment of Government Emergency
Ordinance no 262010 We underline that the
said emergency ordinance amended at its turn
Government Emergency Ordinance no
992006 on credit institutions and capital
adequacy The said Law was published in the
Official Gazette no 82610122010 and may
be accessed here
The Romanian Parliament amended the
regulatory framework regarding credit
contracts concluded with consumers
The Parliament enacted Law no 2882010 for
the approval of Governmentrsquos Emergency
Ordinance no 502010 regarding the credit
contracts for consumers The said Law was
published with the Official Gazette no
89030122010 and may be accessed here
PPSSC has amended the regulatory
framework regarding private pension
scheme prospectus
PPSSC has issued Norm no 142010 for the
amendment of PPSSCrsquos Norm no 72007 on
private pension scheme prospectus The
above mentioned Norm was published in the
Official Gazette no 72229102010 and may
be accessed here
PPSSC has amended the regulatory
framework regarding the maximum
percentage which can be invested for each
asset of the funds of voluntary pension
funds
PPSSC has issued Norm no 152010 for the
amendment of the Norm no 262007 regarding
the temporary amendment of the maximum
percentage which can be invested for each
asset of the funds of voluntary pension funds
The said Norm was published in the Official
Gazette no 7302112010 and may be
accessed here
PPSSC has amended the regulatory
framework regarding the prospectus of the
voluntary pension scheme
PPSSC has issued Norm no 162010
regarding the prospectus of the voluntary
pension scheme The said Norm was
published in the Official Gazette no
80030112010 and may be accessed here
Insurance
Issuer Insurance Supervision
Commission (ldquoISCrdquo)
ISC amended the regulatory framework
regarding electronic reporting of insurance
contracts
ISC enacted Order no 132010 for the
approval of the Norms regarding the conditions
and manners of electronic reporting of the data
corresponding to the insurance contracts
concluded for the vehicles registered in
Romania The said Order was published in the
Official Gazette no 84416122010
Private Pensions
Issuer Private Pension System
Supervision Commission (ldquoPPSSCrdquo)
PPSSC amended the regulatory framework
regarding the authorization of the
management of privately administered
pension funds
PPSSC enacted Norm no 122010 regarding
the authorization of the establishment of a
pension company and the license for the
management of privately managed pension
funds The above mentioned Norm was
published in the Official Gazette No
69114102010 and may be accessed here
PPSSC amended the regulatory framework
regarding the authorization of the
management of voluntary pension funds
PPSSC enacted Norm no 132010 regarding
the authorization of the establishment of
pension companies and for the management of
voluntary pension funds The above mentioned
Norm was published in the Official Gazette No
69114102010 and may be accessed here
Capital Markets
Issuer National Securities
Commission (ldquoNSCrdquo)
NSC suspended the application of the
provisions of Regulation no 12006
regarding the mandatory registration of
securities with NSC
NSC enacted Notice no 1513102010
regarding the mandatory registration of
securities with NSC According to the said
Notice NSC decided to suspend the
application of the provisions of Article 100 (3)
(b) of NSCrsquos Regulation no 12006 regarding
issuers and securities operations pertaining to
the mandatory registration with NSC of the
securities traded within an alternative trading
system in accordance with its functioning
regulations approved by NSC The said notice
may be accessed here
NSC clarified certain aspects related to the
applicability of Article 206 and 207 of Law
no 2972004 regarding capital markets
NSC enacted Notice no 4414102010
regarding the applicability of the provisions of
Article 206 and 207 of Law no 2972004
regarding capital markets (ldquoLaw 2972004rdquo)
and pertaining to mandatory takeovers Thus
according to the mentioned Notice the
initiation andor development of corporate
operations leading to the adjusting of the share
capital of a company upon closing of a public
purchase offer made to all of the companyrsquos
shareholders and for all of their holdings does
not fall under the provisions of Article 206 and
207 of Law no 2972004 The said notice may
be accessed here
NSC clarified certain aspects related to the
restrictions applicable to the members of
the board of directors of market operators
from the perspective of RASDAQ market
NSC enacted Notice no 4313102010
regarding the restrictions applicable to the
members of the board of directors of a market
operator In accordance with the said Notice a
member of the board of a market operator
cannot be also a member in the board of a
company whose securities are traded by that
respective operator with this restriction being
expressly extended now to RASDAQ market
as well For more information please access
here
NSC clarified certain aspects regarding to
undertakings for collective investment
NSC enacted Decision no 14812010 based
on which the amendments brought to the
documentation submitted by undertakings for
collective investment which are not harmonized
or from third states that distribute participation
titles in Romania should be authorized by NSC
The above mentioned Decision may be
accessed here
NSC amended the regulatory framework
regarding the preparation and submission
of annual financial statements by entities
authorized regulated and supervised by
NSC
NSC enacted Order no 11514122010
approving the Instruction no 4 2010 for the
amendment of NSCrsquos Instruction no 2 2007
regarding the preparation and submission of
annual financial statements by entities
authorized regulated and supervised by the
NSC The said Order was published in the
Official Gazette no 85120122010 and it may
be accessed here
NSC amended the regulatory framework
regarding electronic reporting
NSC enacted Regulation no 272010
regarding electronic supervision through
reporting The said Regulation has been
published in the Official Gazette no
79729112010 and it may be accessed here
International
regulatory updates
Banking
Issuer European Central Bank
(ldquoECBrdquo)
ECB amended the regulatory framework
regarding the administration of the
borrowing and lending operations
concluded by the Union under the
European financial stabilization mechanism
ECB enacted Decision no 17 dated 14
October 2010 concerning the administration of
the borrowing and lending operations
concluded by the European Union under the
European financial stabilization mechanism
The said Decision was published in the Official
Journal of the European Union no L
27520102010 and may be accessed here
ECB amended the regulatory framework
regarding the Trans-European Automated
Real-time Gross Settlement Express
Transfer System
European Central Bank enacted on 2
November 2010 a decision for the amendment
of Decision ECB20077 regarding the terms
and conditions for Trans - European
Automated Real-time Gross settlement
Express Transfer system The said decision
was published in the Official Journal of
European Union no L 290536112010 and
may be accessed here
Issuer European Commission (ldquoECrdquo)
EC has amended the regulatory framework
regarding quality criteria and quality
reporting for balance of payments statistics
EC enacted on 20 December 2010 Regulation
no 12272010 amending ECrsquos Regulation no
10552008 implementing EC Regulation no
1842005 of the European Parliament and of
the Council as regards quality criteria and
quality reporting for balance of payments
statistics The said Regulation was published in
the Official Gazette of the European Union no
L 33615 dated 21122010 For more
information please access here
Capital Markets
Issuer European Parliament and
Council
European Parliament and Council amended
the Prospectus to be published in case of
initial public offers
On 24 November 2010 the European
Parliament and the Council enacted Directive
201073UE amending Directive 200371EC
on the prospectus to be published in case of
initial public offers and Directive 2004109EC
on the harmonization of transparency in
relation to information about issuers whose
securities are admitted to trading on a
regulated market We underline that the
Member States must insure the implementation
of the said Directive until 1 July 2012 The full
text of the Directive was published in the
Official Journal of the European Union L
32711122010 and may be accessed here
Domestic regulatory
proposals
Banking
Issuer NBR
Proposal of Regulation regarding payments
The proposal aims to systematize the
regulations issued by NBR in payments field
taking NBR regulations in this area into a
unitary structure and also structuring them
depending on the nature of activities in order to
facilitate knowledge and application of the legal
framework in payments field The said proposal
may be accessed here
Proposal of Regulation regarding the
reporting of statistic data and information
to NBR
To facilitate the knowledge and application of
the legal framework on statistic reporting this
proposal aims to systematize the regulations
issued by NBR in this area and to concentrate
them in a unitary structure The said proposal
may be accessed here
Private Pensions
Issuer PPSSC
Proposal of Norm regarding the merger of
voluntary pension funds The full text of the
proposal may be accessed here
Proposal of Norm regarding the
membership and record of the participants
in voluntary pension funds The full text of
the proposal may be accessed here
Capital Markets
Issuer NSC
Draft Instruction on auditing computer
systems used by entities authorized
regulated and supervised by the NSC The
said proposal may be accessed here
Proposal of Regulation amending NSCrsquos
Regulation no 32006 regarding the
authorization set up and operation of the
Investorsrsquo Compensation Fund The full text
of the proposal may be accessed here
International regulatory
proposals measures
Banking
Issuer Committee of European Banking Supervisors (ldquoCEBSrdquo)
CEBS enacted on 13 October 2010 its Draft
consultation paper on the Guidebook on
Internal Governance For more details please
access here
CEBS enacted on 18 October 2010 its
second peer review Report on the
functioning of supervisory colleges For
more details please access here
CEBS has published on 18 November 2010
its guidelines on revised Article 3 of
Directive 200648EC For more information
please access here
CEBS has published on 10 December 2010
its Guidelines on Remuneration Policies
and Practices The said Guidelines may be
accessed here
CEBS published on 22 December 2010 the
final text of its Guidelines for the joint
assessment of the elements covered by the
supervisory review and evaluation process
and joint decision regarding the capital
adequacy of cross-border groups For
further information please access here
Issuer Loan Market Association (bdquoLMArdquo) LMA published on October 2010 updated
information regarding loan-related ldquoKnow
Your Customerrdquo documentation For more
information please access here
Issuer EC EC launched on 5 November 2010 another
public consultation with respect to the
credit rating agencies For more details
please access here
Issuer ECB ECB enacted on 13 December 2010 the
Guideline amending the Guideline
ECB20007 on monetary policy instruments
and procedures of the Euro-system The
Guideline was published in the Official Gazette
of European Union no L 33663 dated
21122010 For further information please
access here
According to a press release dated 16
December 2010 ECB has decided to
increase its subscribed capital with 5 billion
EUR from 576 billion EUR to 1076 billion
EUR starting with 29 December 2010 For
more details please access here
Insurance
Issuer EC EC initiated public consultations on the
review of the Insurance Mediation Directive
The purpose of this consultation is to collect
views from all stakeholders concerned on the
necessary changes to address the main
weaknesses in the current Directive
200292EC of the European Parliament and
the Council on insurance mediation For further
information please access here
Capital Markets
Issuer Committee of European Securities Regulators (bdquoCESRrdquo) CESR enacted on 13 October 2010 its
second set of technical advice in the
context of reviewing Directive no 392004
on markets in financial instruments For
further information please access here
Issuer EC EC has initiated on 5 November 2010 a
public consultation process having as
object the collection of opinions for
determining harmonization and improving
the legal framework regarding the
possession and transmission of
transferable securities as well as the
exercising of rights correspondent to
transferable securities within the unique
market context For more details please
access here
EC has launched a public consultation
having as object the review of applicable
legal framework for Undertakings for
Collective Investment in Transferable
Securities concerning certain provisions on
managers remuneration for the purpose of
improving the protection level of investors
For more details please access here
Issuer European Securities and Markets Authority (ldquoESMArdquo) ESMA published on 2 December 2010 the
list of measures recently taken by its
Members on short-selling For further
information please access here
Reff amp Associates is the correspondent law firm of Deloitte Romania fully
integrated with the Deloitte multi-disciplinary advisory practice and affiliated to
a network of law firms and legal departments working with Deloitte all over the
world Deloittersquos correspondent legal practice provides assistance to clients in
Romania on various matters pertaining to mergers and acquisitions corporate
and commercial law finance banking and capital markets real estate project
finance employment competition fiscal and commercial litigation and
intellectual property
In the financial services sector Reff amp Associates provides the full range of
services to banks and financial institutions including
- Finance deals transaction support in bilateral and syndicated loans
loan workouts securitisation loan transfers and assists in drafting and
negotiating the transaction documentation (loan agreements security
and other ancillary documentation)
- MampA transactions in the financial services sector advice on the
structure of the transaction the pre-contractual documentation due
diligence draftingnegotiating the purchase agreements and assisting
the implementation of the transaction
- Regulatory assistance ongoing assistance with respect to the
specific legal and regulatory requirements applicable to banks non
banking financial institutions operating in Romania development of
new financial products representation in front of the regulators
(National Bank of Romania Insurance Supervisory Commission
Securities Commission etc)
For more details on our services and credentials in the FSI sector please
click here
Subscribe to the Financial Services Industry Monthly Bulletin
Contacts Andrei Burz Pinzaru
Partner
+ 40 21 207 52 05
aburzpinzarudeloittececom
Simina Mut
Managing Associate
+ 40 21 207 52 69
smutdeloittececom
Leontin Trifa
Managing Associate
+ 40 21 207 53 13
ltrifadeloittececom
Financial Services Industry Contacts in
Deloitte Romania
George Mucibabici
Chairman
+ 40 21 207 52 55
gmucibabicideloittececom
Audit
Ahmed Hassan
Partner + 40 21 207 52 60 ahhassandeloittececom
Enterprise Risk Services
Andrei Ionescu
Director
+ 40 21 207 54 85
aionescudeloittececom
Financial Advisory
Hein van Dam
Partner in Charge
+ 40 21 207 52 30
hvandamdeloittececom
Tax
Dan Badin
Partner + 40 21 207 53 92
dbadindeloittececom
Legal
Andrei Burz-Pinzaru
Partner ReffampAssociates
correspondent law firm of Deloitte Romania
+ 40 21 207 52 05
aburzpinzarudeloittececom
Consulting
Razvan Horobeanu
Manager
+ 40 21 207 53 57
rhorobeanudeloittececom
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited a UK private company limited by
guarantee and its network of member firms each of which is a legally separate and independent entity
Please see wwwdeloittecomroabout for a detailed description of the legal structure of Deloitte Touche
Tohmatsu Limited and its member firms
Deloitte provides audit tax consulting and financial advisory services to public and private clients
spanning multiple industries With a globally connected network of member firms in more than 150
countries Deloitte brings world-class capabilities and deep local expertise to help clients succeed
wherever they operate Deloittes approximately 170 000 professionals are committed to becoming the
standard of excellence
This publication contains general information only and none of Deloitte Touche Tohmatsu Limited any of
its member firms or any of the foregoingrsquos affiliates (collectively the ldquoDeloitte Networkrdquo) are by means of
this publication rendering accounting business financial investment legal tax or other professional
advice or services This publication is not a substitute for such professional advice or services nor should
it be used as a basis for any decision or action that may affect your finances or your business Before
making any decision or taking any action that may affect your finances or your business you should
consult a qualified professional adviser No entity in the Deloitte Network shall be responsible for any loss
whatsoever sustained by any person who relies on this publication
copy 2011 Deloitte Romania
PPSSC has amended the regulatory
framework regarding private pension
scheme prospectus
PPSSC has issued Norm no 142010 for the
amendment of PPSSCrsquos Norm no 72007 on
private pension scheme prospectus The
above mentioned Norm was published in the
Official Gazette no 72229102010 and may
be accessed here
PPSSC has amended the regulatory
framework regarding the maximum
percentage which can be invested for each
asset of the funds of voluntary pension
funds
PPSSC has issued Norm no 152010 for the
amendment of the Norm no 262007 regarding
the temporary amendment of the maximum
percentage which can be invested for each
asset of the funds of voluntary pension funds
The said Norm was published in the Official
Gazette no 7302112010 and may be
accessed here
PPSSC has amended the regulatory
framework regarding the prospectus of the
voluntary pension scheme
PPSSC has issued Norm no 162010
regarding the prospectus of the voluntary
pension scheme The said Norm was
published in the Official Gazette no
80030112010 and may be accessed here
Insurance
Issuer Insurance Supervision
Commission (ldquoISCrdquo)
ISC amended the regulatory framework
regarding electronic reporting of insurance
contracts
ISC enacted Order no 132010 for the
approval of the Norms regarding the conditions
and manners of electronic reporting of the data
corresponding to the insurance contracts
concluded for the vehicles registered in
Romania The said Order was published in the
Official Gazette no 84416122010
Private Pensions
Issuer Private Pension System
Supervision Commission (ldquoPPSSCrdquo)
PPSSC amended the regulatory framework
regarding the authorization of the
management of privately administered
pension funds
PPSSC enacted Norm no 122010 regarding
the authorization of the establishment of a
pension company and the license for the
management of privately managed pension
funds The above mentioned Norm was
published in the Official Gazette No
69114102010 and may be accessed here
PPSSC amended the regulatory framework
regarding the authorization of the
management of voluntary pension funds
PPSSC enacted Norm no 132010 regarding
the authorization of the establishment of
pension companies and for the management of
voluntary pension funds The above mentioned
Norm was published in the Official Gazette No
69114102010 and may be accessed here
Capital Markets
Issuer National Securities
Commission (ldquoNSCrdquo)
NSC suspended the application of the
provisions of Regulation no 12006
regarding the mandatory registration of
securities with NSC
NSC enacted Notice no 1513102010
regarding the mandatory registration of
securities with NSC According to the said
Notice NSC decided to suspend the
application of the provisions of Article 100 (3)
(b) of NSCrsquos Regulation no 12006 regarding
issuers and securities operations pertaining to
the mandatory registration with NSC of the
securities traded within an alternative trading
system in accordance with its functioning
regulations approved by NSC The said notice
may be accessed here
NSC clarified certain aspects related to the
applicability of Article 206 and 207 of Law
no 2972004 regarding capital markets
NSC enacted Notice no 4414102010
regarding the applicability of the provisions of
Article 206 and 207 of Law no 2972004
regarding capital markets (ldquoLaw 2972004rdquo)
and pertaining to mandatory takeovers Thus
according to the mentioned Notice the
initiation andor development of corporate
operations leading to the adjusting of the share
capital of a company upon closing of a public
purchase offer made to all of the companyrsquos
shareholders and for all of their holdings does
not fall under the provisions of Article 206 and
207 of Law no 2972004 The said notice may
be accessed here
NSC clarified certain aspects related to the
restrictions applicable to the members of
the board of directors of market operators
from the perspective of RASDAQ market
NSC enacted Notice no 4313102010
regarding the restrictions applicable to the
members of the board of directors of a market
operator In accordance with the said Notice a
member of the board of a market operator
cannot be also a member in the board of a
company whose securities are traded by that
respective operator with this restriction being
expressly extended now to RASDAQ market
as well For more information please access
here
NSC clarified certain aspects regarding to
undertakings for collective investment
NSC enacted Decision no 14812010 based
on which the amendments brought to the
documentation submitted by undertakings for
collective investment which are not harmonized
or from third states that distribute participation
titles in Romania should be authorized by NSC
The above mentioned Decision may be
accessed here
NSC amended the regulatory framework
regarding the preparation and submission
of annual financial statements by entities
authorized regulated and supervised by
NSC
NSC enacted Order no 11514122010
approving the Instruction no 4 2010 for the
amendment of NSCrsquos Instruction no 2 2007
regarding the preparation and submission of
annual financial statements by entities
authorized regulated and supervised by the
NSC The said Order was published in the
Official Gazette no 85120122010 and it may
be accessed here
NSC amended the regulatory framework
regarding electronic reporting
NSC enacted Regulation no 272010
regarding electronic supervision through
reporting The said Regulation has been
published in the Official Gazette no
79729112010 and it may be accessed here
International
regulatory updates
Banking
Issuer European Central Bank
(ldquoECBrdquo)
ECB amended the regulatory framework
regarding the administration of the
borrowing and lending operations
concluded by the Union under the
European financial stabilization mechanism
ECB enacted Decision no 17 dated 14
October 2010 concerning the administration of
the borrowing and lending operations
concluded by the European Union under the
European financial stabilization mechanism
The said Decision was published in the Official
Journal of the European Union no L
27520102010 and may be accessed here
ECB amended the regulatory framework
regarding the Trans-European Automated
Real-time Gross Settlement Express
Transfer System
European Central Bank enacted on 2
November 2010 a decision for the amendment
of Decision ECB20077 regarding the terms
and conditions for Trans - European
Automated Real-time Gross settlement
Express Transfer system The said decision
was published in the Official Journal of
European Union no L 290536112010 and
may be accessed here
Issuer European Commission (ldquoECrdquo)
EC has amended the regulatory framework
regarding quality criteria and quality
reporting for balance of payments statistics
EC enacted on 20 December 2010 Regulation
no 12272010 amending ECrsquos Regulation no
10552008 implementing EC Regulation no
1842005 of the European Parliament and of
the Council as regards quality criteria and
quality reporting for balance of payments
statistics The said Regulation was published in
the Official Gazette of the European Union no
L 33615 dated 21122010 For more
information please access here
Capital Markets
Issuer European Parliament and
Council
European Parliament and Council amended
the Prospectus to be published in case of
initial public offers
On 24 November 2010 the European
Parliament and the Council enacted Directive
201073UE amending Directive 200371EC
on the prospectus to be published in case of
initial public offers and Directive 2004109EC
on the harmonization of transparency in
relation to information about issuers whose
securities are admitted to trading on a
regulated market We underline that the
Member States must insure the implementation
of the said Directive until 1 July 2012 The full
text of the Directive was published in the
Official Journal of the European Union L
32711122010 and may be accessed here
Domestic regulatory
proposals
Banking
Issuer NBR
Proposal of Regulation regarding payments
The proposal aims to systematize the
regulations issued by NBR in payments field
taking NBR regulations in this area into a
unitary structure and also structuring them
depending on the nature of activities in order to
facilitate knowledge and application of the legal
framework in payments field The said proposal
may be accessed here
Proposal of Regulation regarding the
reporting of statistic data and information
to NBR
To facilitate the knowledge and application of
the legal framework on statistic reporting this
proposal aims to systematize the regulations
issued by NBR in this area and to concentrate
them in a unitary structure The said proposal
may be accessed here
Private Pensions
Issuer PPSSC
Proposal of Norm regarding the merger of
voluntary pension funds The full text of the
proposal may be accessed here
Proposal of Norm regarding the
membership and record of the participants
in voluntary pension funds The full text of
the proposal may be accessed here
Capital Markets
Issuer NSC
Draft Instruction on auditing computer
systems used by entities authorized
regulated and supervised by the NSC The
said proposal may be accessed here
Proposal of Regulation amending NSCrsquos
Regulation no 32006 regarding the
authorization set up and operation of the
Investorsrsquo Compensation Fund The full text
of the proposal may be accessed here
International regulatory
proposals measures
Banking
Issuer Committee of European Banking Supervisors (ldquoCEBSrdquo)
CEBS enacted on 13 October 2010 its Draft
consultation paper on the Guidebook on
Internal Governance For more details please
access here
CEBS enacted on 18 October 2010 its
second peer review Report on the
functioning of supervisory colleges For
more details please access here
CEBS has published on 18 November 2010
its guidelines on revised Article 3 of
Directive 200648EC For more information
please access here
CEBS has published on 10 December 2010
its Guidelines on Remuneration Policies
and Practices The said Guidelines may be
accessed here
CEBS published on 22 December 2010 the
final text of its Guidelines for the joint
assessment of the elements covered by the
supervisory review and evaluation process
and joint decision regarding the capital
adequacy of cross-border groups For
further information please access here
Issuer Loan Market Association (bdquoLMArdquo) LMA published on October 2010 updated
information regarding loan-related ldquoKnow
Your Customerrdquo documentation For more
information please access here
Issuer EC EC launched on 5 November 2010 another
public consultation with respect to the
credit rating agencies For more details
please access here
Issuer ECB ECB enacted on 13 December 2010 the
Guideline amending the Guideline
ECB20007 on monetary policy instruments
and procedures of the Euro-system The
Guideline was published in the Official Gazette
of European Union no L 33663 dated
21122010 For further information please
access here
According to a press release dated 16
December 2010 ECB has decided to
increase its subscribed capital with 5 billion
EUR from 576 billion EUR to 1076 billion
EUR starting with 29 December 2010 For
more details please access here
Insurance
Issuer EC EC initiated public consultations on the
review of the Insurance Mediation Directive
The purpose of this consultation is to collect
views from all stakeholders concerned on the
necessary changes to address the main
weaknesses in the current Directive
200292EC of the European Parliament and
the Council on insurance mediation For further
information please access here
Capital Markets
Issuer Committee of European Securities Regulators (bdquoCESRrdquo) CESR enacted on 13 October 2010 its
second set of technical advice in the
context of reviewing Directive no 392004
on markets in financial instruments For
further information please access here
Issuer EC EC has initiated on 5 November 2010 a
public consultation process having as
object the collection of opinions for
determining harmonization and improving
the legal framework regarding the
possession and transmission of
transferable securities as well as the
exercising of rights correspondent to
transferable securities within the unique
market context For more details please
access here
EC has launched a public consultation
having as object the review of applicable
legal framework for Undertakings for
Collective Investment in Transferable
Securities concerning certain provisions on
managers remuneration for the purpose of
improving the protection level of investors
For more details please access here
Issuer European Securities and Markets Authority (ldquoESMArdquo) ESMA published on 2 December 2010 the
list of measures recently taken by its
Members on short-selling For further
information please access here
Reff amp Associates is the correspondent law firm of Deloitte Romania fully
integrated with the Deloitte multi-disciplinary advisory practice and affiliated to
a network of law firms and legal departments working with Deloitte all over the
world Deloittersquos correspondent legal practice provides assistance to clients in
Romania on various matters pertaining to mergers and acquisitions corporate
and commercial law finance banking and capital markets real estate project
finance employment competition fiscal and commercial litigation and
intellectual property
In the financial services sector Reff amp Associates provides the full range of
services to banks and financial institutions including
- Finance deals transaction support in bilateral and syndicated loans
loan workouts securitisation loan transfers and assists in drafting and
negotiating the transaction documentation (loan agreements security
and other ancillary documentation)
- MampA transactions in the financial services sector advice on the
structure of the transaction the pre-contractual documentation due
diligence draftingnegotiating the purchase agreements and assisting
the implementation of the transaction
- Regulatory assistance ongoing assistance with respect to the
specific legal and regulatory requirements applicable to banks non
banking financial institutions operating in Romania development of
new financial products representation in front of the regulators
(National Bank of Romania Insurance Supervisory Commission
Securities Commission etc)
For more details on our services and credentials in the FSI sector please
click here
Subscribe to the Financial Services Industry Monthly Bulletin
Contacts Andrei Burz Pinzaru
Partner
+ 40 21 207 52 05
aburzpinzarudeloittececom
Simina Mut
Managing Associate
+ 40 21 207 52 69
smutdeloittececom
Leontin Trifa
Managing Associate
+ 40 21 207 53 13
ltrifadeloittececom
Financial Services Industry Contacts in
Deloitte Romania
George Mucibabici
Chairman
+ 40 21 207 52 55
gmucibabicideloittececom
Audit
Ahmed Hassan
Partner + 40 21 207 52 60 ahhassandeloittececom
Enterprise Risk Services
Andrei Ionescu
Director
+ 40 21 207 54 85
aionescudeloittececom
Financial Advisory
Hein van Dam
Partner in Charge
+ 40 21 207 52 30
hvandamdeloittececom
Tax
Dan Badin
Partner + 40 21 207 53 92
dbadindeloittececom
Legal
Andrei Burz-Pinzaru
Partner ReffampAssociates
correspondent law firm of Deloitte Romania
+ 40 21 207 52 05
aburzpinzarudeloittececom
Consulting
Razvan Horobeanu
Manager
+ 40 21 207 53 57
rhorobeanudeloittececom
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited a UK private company limited by
guarantee and its network of member firms each of which is a legally separate and independent entity
Please see wwwdeloittecomroabout for a detailed description of the legal structure of Deloitte Touche
Tohmatsu Limited and its member firms
Deloitte provides audit tax consulting and financial advisory services to public and private clients
spanning multiple industries With a globally connected network of member firms in more than 150
countries Deloitte brings world-class capabilities and deep local expertise to help clients succeed
wherever they operate Deloittes approximately 170 000 professionals are committed to becoming the
standard of excellence
This publication contains general information only and none of Deloitte Touche Tohmatsu Limited any of
its member firms or any of the foregoingrsquos affiliates (collectively the ldquoDeloitte Networkrdquo) are by means of
this publication rendering accounting business financial investment legal tax or other professional
advice or services This publication is not a substitute for such professional advice or services nor should
it be used as a basis for any decision or action that may affect your finances or your business Before
making any decision or taking any action that may affect your finances or your business you should
consult a qualified professional adviser No entity in the Deloitte Network shall be responsible for any loss
whatsoever sustained by any person who relies on this publication
copy 2011 Deloitte Romania
Capital Markets
Issuer National Securities
Commission (ldquoNSCrdquo)
NSC suspended the application of the
provisions of Regulation no 12006
regarding the mandatory registration of
securities with NSC
NSC enacted Notice no 1513102010
regarding the mandatory registration of
securities with NSC According to the said
Notice NSC decided to suspend the
application of the provisions of Article 100 (3)
(b) of NSCrsquos Regulation no 12006 regarding
issuers and securities operations pertaining to
the mandatory registration with NSC of the
securities traded within an alternative trading
system in accordance with its functioning
regulations approved by NSC The said notice
may be accessed here
NSC clarified certain aspects related to the
applicability of Article 206 and 207 of Law
no 2972004 regarding capital markets
NSC enacted Notice no 4414102010
regarding the applicability of the provisions of
Article 206 and 207 of Law no 2972004
regarding capital markets (ldquoLaw 2972004rdquo)
and pertaining to mandatory takeovers Thus
according to the mentioned Notice the
initiation andor development of corporate
operations leading to the adjusting of the share
capital of a company upon closing of a public
purchase offer made to all of the companyrsquos
shareholders and for all of their holdings does
not fall under the provisions of Article 206 and
207 of Law no 2972004 The said notice may
be accessed here
NSC clarified certain aspects related to the
restrictions applicable to the members of
the board of directors of market operators
from the perspective of RASDAQ market
NSC enacted Notice no 4313102010
regarding the restrictions applicable to the
members of the board of directors of a market
operator In accordance with the said Notice a
member of the board of a market operator
cannot be also a member in the board of a
company whose securities are traded by that
respective operator with this restriction being
expressly extended now to RASDAQ market
as well For more information please access
here
NSC clarified certain aspects regarding to
undertakings for collective investment
NSC enacted Decision no 14812010 based
on which the amendments brought to the
documentation submitted by undertakings for
collective investment which are not harmonized
or from third states that distribute participation
titles in Romania should be authorized by NSC
The above mentioned Decision may be
accessed here
NSC amended the regulatory framework
regarding the preparation and submission
of annual financial statements by entities
authorized regulated and supervised by
NSC
NSC enacted Order no 11514122010
approving the Instruction no 4 2010 for the
amendment of NSCrsquos Instruction no 2 2007
regarding the preparation and submission of
annual financial statements by entities
authorized regulated and supervised by the
NSC The said Order was published in the
Official Gazette no 85120122010 and it may
be accessed here
NSC amended the regulatory framework
regarding electronic reporting
NSC enacted Regulation no 272010
regarding electronic supervision through
reporting The said Regulation has been
published in the Official Gazette no
79729112010 and it may be accessed here
International
regulatory updates
Banking
Issuer European Central Bank
(ldquoECBrdquo)
ECB amended the regulatory framework
regarding the administration of the
borrowing and lending operations
concluded by the Union under the
European financial stabilization mechanism
ECB enacted Decision no 17 dated 14
October 2010 concerning the administration of
the borrowing and lending operations
concluded by the European Union under the
European financial stabilization mechanism
The said Decision was published in the Official
Journal of the European Union no L
27520102010 and may be accessed here
ECB amended the regulatory framework
regarding the Trans-European Automated
Real-time Gross Settlement Express
Transfer System
European Central Bank enacted on 2
November 2010 a decision for the amendment
of Decision ECB20077 regarding the terms
and conditions for Trans - European
Automated Real-time Gross settlement
Express Transfer system The said decision
was published in the Official Journal of
European Union no L 290536112010 and
may be accessed here
Issuer European Commission (ldquoECrdquo)
EC has amended the regulatory framework
regarding quality criteria and quality
reporting for balance of payments statistics
EC enacted on 20 December 2010 Regulation
no 12272010 amending ECrsquos Regulation no
10552008 implementing EC Regulation no
1842005 of the European Parliament and of
the Council as regards quality criteria and
quality reporting for balance of payments
statistics The said Regulation was published in
the Official Gazette of the European Union no
L 33615 dated 21122010 For more
information please access here
Capital Markets
Issuer European Parliament and
Council
European Parliament and Council amended
the Prospectus to be published in case of
initial public offers
On 24 November 2010 the European
Parliament and the Council enacted Directive
201073UE amending Directive 200371EC
on the prospectus to be published in case of
initial public offers and Directive 2004109EC
on the harmonization of transparency in
relation to information about issuers whose
securities are admitted to trading on a
regulated market We underline that the
Member States must insure the implementation
of the said Directive until 1 July 2012 The full
text of the Directive was published in the
Official Journal of the European Union L
32711122010 and may be accessed here
Domestic regulatory
proposals
Banking
Issuer NBR
Proposal of Regulation regarding payments
The proposal aims to systematize the
regulations issued by NBR in payments field
taking NBR regulations in this area into a
unitary structure and also structuring them
depending on the nature of activities in order to
facilitate knowledge and application of the legal
framework in payments field The said proposal
may be accessed here
Proposal of Regulation regarding the
reporting of statistic data and information
to NBR
To facilitate the knowledge and application of
the legal framework on statistic reporting this
proposal aims to systematize the regulations
issued by NBR in this area and to concentrate
them in a unitary structure The said proposal
may be accessed here
Private Pensions
Issuer PPSSC
Proposal of Norm regarding the merger of
voluntary pension funds The full text of the
proposal may be accessed here
Proposal of Norm regarding the
membership and record of the participants
in voluntary pension funds The full text of
the proposal may be accessed here
Capital Markets
Issuer NSC
Draft Instruction on auditing computer
systems used by entities authorized
regulated and supervised by the NSC The
said proposal may be accessed here
Proposal of Regulation amending NSCrsquos
Regulation no 32006 regarding the
authorization set up and operation of the
Investorsrsquo Compensation Fund The full text
of the proposal may be accessed here
International regulatory
proposals measures
Banking
Issuer Committee of European Banking Supervisors (ldquoCEBSrdquo)
CEBS enacted on 13 October 2010 its Draft
consultation paper on the Guidebook on
Internal Governance For more details please
access here
CEBS enacted on 18 October 2010 its
second peer review Report on the
functioning of supervisory colleges For
more details please access here
CEBS has published on 18 November 2010
its guidelines on revised Article 3 of
Directive 200648EC For more information
please access here
CEBS has published on 10 December 2010
its Guidelines on Remuneration Policies
and Practices The said Guidelines may be
accessed here
CEBS published on 22 December 2010 the
final text of its Guidelines for the joint
assessment of the elements covered by the
supervisory review and evaluation process
and joint decision regarding the capital
adequacy of cross-border groups For
further information please access here
Issuer Loan Market Association (bdquoLMArdquo) LMA published on October 2010 updated
information regarding loan-related ldquoKnow
Your Customerrdquo documentation For more
information please access here
Issuer EC EC launched on 5 November 2010 another
public consultation with respect to the
credit rating agencies For more details
please access here
Issuer ECB ECB enacted on 13 December 2010 the
Guideline amending the Guideline
ECB20007 on monetary policy instruments
and procedures of the Euro-system The
Guideline was published in the Official Gazette
of European Union no L 33663 dated
21122010 For further information please
access here
According to a press release dated 16
December 2010 ECB has decided to
increase its subscribed capital with 5 billion
EUR from 576 billion EUR to 1076 billion
EUR starting with 29 December 2010 For
more details please access here
Insurance
Issuer EC EC initiated public consultations on the
review of the Insurance Mediation Directive
The purpose of this consultation is to collect
views from all stakeholders concerned on the
necessary changes to address the main
weaknesses in the current Directive
200292EC of the European Parliament and
the Council on insurance mediation For further
information please access here
Capital Markets
Issuer Committee of European Securities Regulators (bdquoCESRrdquo) CESR enacted on 13 October 2010 its
second set of technical advice in the
context of reviewing Directive no 392004
on markets in financial instruments For
further information please access here
Issuer EC EC has initiated on 5 November 2010 a
public consultation process having as
object the collection of opinions for
determining harmonization and improving
the legal framework regarding the
possession and transmission of
transferable securities as well as the
exercising of rights correspondent to
transferable securities within the unique
market context For more details please
access here
EC has launched a public consultation
having as object the review of applicable
legal framework for Undertakings for
Collective Investment in Transferable
Securities concerning certain provisions on
managers remuneration for the purpose of
improving the protection level of investors
For more details please access here
Issuer European Securities and Markets Authority (ldquoESMArdquo) ESMA published on 2 December 2010 the
list of measures recently taken by its
Members on short-selling For further
information please access here
Reff amp Associates is the correspondent law firm of Deloitte Romania fully
integrated with the Deloitte multi-disciplinary advisory practice and affiliated to
a network of law firms and legal departments working with Deloitte all over the
world Deloittersquos correspondent legal practice provides assistance to clients in
Romania on various matters pertaining to mergers and acquisitions corporate
and commercial law finance banking and capital markets real estate project
finance employment competition fiscal and commercial litigation and
intellectual property
In the financial services sector Reff amp Associates provides the full range of
services to banks and financial institutions including
- Finance deals transaction support in bilateral and syndicated loans
loan workouts securitisation loan transfers and assists in drafting and
negotiating the transaction documentation (loan agreements security
and other ancillary documentation)
- MampA transactions in the financial services sector advice on the
structure of the transaction the pre-contractual documentation due
diligence draftingnegotiating the purchase agreements and assisting
the implementation of the transaction
- Regulatory assistance ongoing assistance with respect to the
specific legal and regulatory requirements applicable to banks non
banking financial institutions operating in Romania development of
new financial products representation in front of the regulators
(National Bank of Romania Insurance Supervisory Commission
Securities Commission etc)
For more details on our services and credentials in the FSI sector please
click here
Subscribe to the Financial Services Industry Monthly Bulletin
Contacts Andrei Burz Pinzaru
Partner
+ 40 21 207 52 05
aburzpinzarudeloittececom
Simina Mut
Managing Associate
+ 40 21 207 52 69
smutdeloittececom
Leontin Trifa
Managing Associate
+ 40 21 207 53 13
ltrifadeloittececom
Financial Services Industry Contacts in
Deloitte Romania
George Mucibabici
Chairman
+ 40 21 207 52 55
gmucibabicideloittececom
Audit
Ahmed Hassan
Partner + 40 21 207 52 60 ahhassandeloittececom
Enterprise Risk Services
Andrei Ionescu
Director
+ 40 21 207 54 85
aionescudeloittececom
Financial Advisory
Hein van Dam
Partner in Charge
+ 40 21 207 52 30
hvandamdeloittececom
Tax
Dan Badin
Partner + 40 21 207 53 92
dbadindeloittececom
Legal
Andrei Burz-Pinzaru
Partner ReffampAssociates
correspondent law firm of Deloitte Romania
+ 40 21 207 52 05
aburzpinzarudeloittececom
Consulting
Razvan Horobeanu
Manager
+ 40 21 207 53 57
rhorobeanudeloittececom
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited a UK private company limited by
guarantee and its network of member firms each of which is a legally separate and independent entity
Please see wwwdeloittecomroabout for a detailed description of the legal structure of Deloitte Touche
Tohmatsu Limited and its member firms
Deloitte provides audit tax consulting and financial advisory services to public and private clients
spanning multiple industries With a globally connected network of member firms in more than 150
countries Deloitte brings world-class capabilities and deep local expertise to help clients succeed
wherever they operate Deloittes approximately 170 000 professionals are committed to becoming the
standard of excellence
This publication contains general information only and none of Deloitte Touche Tohmatsu Limited any of
its member firms or any of the foregoingrsquos affiliates (collectively the ldquoDeloitte Networkrdquo) are by means of
this publication rendering accounting business financial investment legal tax or other professional
advice or services This publication is not a substitute for such professional advice or services nor should
it be used as a basis for any decision or action that may affect your finances or your business Before
making any decision or taking any action that may affect your finances or your business you should
consult a qualified professional adviser No entity in the Deloitte Network shall be responsible for any loss
whatsoever sustained by any person who relies on this publication
copy 2011 Deloitte Romania
International
regulatory updates
Banking
Issuer European Central Bank
(ldquoECBrdquo)
ECB amended the regulatory framework
regarding the administration of the
borrowing and lending operations
concluded by the Union under the
European financial stabilization mechanism
ECB enacted Decision no 17 dated 14
October 2010 concerning the administration of
the borrowing and lending operations
concluded by the European Union under the
European financial stabilization mechanism
The said Decision was published in the Official
Journal of the European Union no L
27520102010 and may be accessed here
ECB amended the regulatory framework
regarding the Trans-European Automated
Real-time Gross Settlement Express
Transfer System
European Central Bank enacted on 2
November 2010 a decision for the amendment
of Decision ECB20077 regarding the terms
and conditions for Trans - European
Automated Real-time Gross settlement
Express Transfer system The said decision
was published in the Official Journal of
European Union no L 290536112010 and
may be accessed here
Issuer European Commission (ldquoECrdquo)
EC has amended the regulatory framework
regarding quality criteria and quality
reporting for balance of payments statistics
EC enacted on 20 December 2010 Regulation
no 12272010 amending ECrsquos Regulation no
10552008 implementing EC Regulation no
1842005 of the European Parliament and of
the Council as regards quality criteria and
quality reporting for balance of payments
statistics The said Regulation was published in
the Official Gazette of the European Union no
L 33615 dated 21122010 For more
information please access here
Capital Markets
Issuer European Parliament and
Council
European Parliament and Council amended
the Prospectus to be published in case of
initial public offers
On 24 November 2010 the European
Parliament and the Council enacted Directive
201073UE amending Directive 200371EC
on the prospectus to be published in case of
initial public offers and Directive 2004109EC
on the harmonization of transparency in
relation to information about issuers whose
securities are admitted to trading on a
regulated market We underline that the
Member States must insure the implementation
of the said Directive until 1 July 2012 The full
text of the Directive was published in the
Official Journal of the European Union L
32711122010 and may be accessed here
Domestic regulatory
proposals
Banking
Issuer NBR
Proposal of Regulation regarding payments
The proposal aims to systematize the
regulations issued by NBR in payments field
taking NBR regulations in this area into a
unitary structure and also structuring them
depending on the nature of activities in order to
facilitate knowledge and application of the legal
framework in payments field The said proposal
may be accessed here
Proposal of Regulation regarding the
reporting of statistic data and information
to NBR
To facilitate the knowledge and application of
the legal framework on statistic reporting this
proposal aims to systematize the regulations
issued by NBR in this area and to concentrate
them in a unitary structure The said proposal
may be accessed here
Private Pensions
Issuer PPSSC
Proposal of Norm regarding the merger of
voluntary pension funds The full text of the
proposal may be accessed here
Proposal of Norm regarding the
membership and record of the participants
in voluntary pension funds The full text of
the proposal may be accessed here
Capital Markets
Issuer NSC
Draft Instruction on auditing computer
systems used by entities authorized
regulated and supervised by the NSC The
said proposal may be accessed here
Proposal of Regulation amending NSCrsquos
Regulation no 32006 regarding the
authorization set up and operation of the
Investorsrsquo Compensation Fund The full text
of the proposal may be accessed here
International regulatory
proposals measures
Banking
Issuer Committee of European Banking Supervisors (ldquoCEBSrdquo)
CEBS enacted on 13 October 2010 its Draft
consultation paper on the Guidebook on
Internal Governance For more details please
access here
CEBS enacted on 18 October 2010 its
second peer review Report on the
functioning of supervisory colleges For
more details please access here
CEBS has published on 18 November 2010
its guidelines on revised Article 3 of
Directive 200648EC For more information
please access here
CEBS has published on 10 December 2010
its Guidelines on Remuneration Policies
and Practices The said Guidelines may be
accessed here
CEBS published on 22 December 2010 the
final text of its Guidelines for the joint
assessment of the elements covered by the
supervisory review and evaluation process
and joint decision regarding the capital
adequacy of cross-border groups For
further information please access here
Issuer Loan Market Association (bdquoLMArdquo) LMA published on October 2010 updated
information regarding loan-related ldquoKnow
Your Customerrdquo documentation For more
information please access here
Issuer EC EC launched on 5 November 2010 another
public consultation with respect to the
credit rating agencies For more details
please access here
Issuer ECB ECB enacted on 13 December 2010 the
Guideline amending the Guideline
ECB20007 on monetary policy instruments
and procedures of the Euro-system The
Guideline was published in the Official Gazette
of European Union no L 33663 dated
21122010 For further information please
access here
According to a press release dated 16
December 2010 ECB has decided to
increase its subscribed capital with 5 billion
EUR from 576 billion EUR to 1076 billion
EUR starting with 29 December 2010 For
more details please access here
Insurance
Issuer EC EC initiated public consultations on the
review of the Insurance Mediation Directive
The purpose of this consultation is to collect
views from all stakeholders concerned on the
necessary changes to address the main
weaknesses in the current Directive
200292EC of the European Parliament and
the Council on insurance mediation For further
information please access here
Capital Markets
Issuer Committee of European Securities Regulators (bdquoCESRrdquo) CESR enacted on 13 October 2010 its
second set of technical advice in the
context of reviewing Directive no 392004
on markets in financial instruments For
further information please access here
Issuer EC EC has initiated on 5 November 2010 a
public consultation process having as
object the collection of opinions for
determining harmonization and improving
the legal framework regarding the
possession and transmission of
transferable securities as well as the
exercising of rights correspondent to
transferable securities within the unique
market context For more details please
access here
EC has launched a public consultation
having as object the review of applicable
legal framework for Undertakings for
Collective Investment in Transferable
Securities concerning certain provisions on
managers remuneration for the purpose of
improving the protection level of investors
For more details please access here
Issuer European Securities and Markets Authority (ldquoESMArdquo) ESMA published on 2 December 2010 the
list of measures recently taken by its
Members on short-selling For further
information please access here
Reff amp Associates is the correspondent law firm of Deloitte Romania fully
integrated with the Deloitte multi-disciplinary advisory practice and affiliated to
a network of law firms and legal departments working with Deloitte all over the
world Deloittersquos correspondent legal practice provides assistance to clients in
Romania on various matters pertaining to mergers and acquisitions corporate
and commercial law finance banking and capital markets real estate project
finance employment competition fiscal and commercial litigation and
intellectual property
In the financial services sector Reff amp Associates provides the full range of
services to banks and financial institutions including
- Finance deals transaction support in bilateral and syndicated loans
loan workouts securitisation loan transfers and assists in drafting and
negotiating the transaction documentation (loan agreements security
and other ancillary documentation)
- MampA transactions in the financial services sector advice on the
structure of the transaction the pre-contractual documentation due
diligence draftingnegotiating the purchase agreements and assisting
the implementation of the transaction
- Regulatory assistance ongoing assistance with respect to the
specific legal and regulatory requirements applicable to banks non
banking financial institutions operating in Romania development of
new financial products representation in front of the regulators
(National Bank of Romania Insurance Supervisory Commission
Securities Commission etc)
For more details on our services and credentials in the FSI sector please
click here
Subscribe to the Financial Services Industry Monthly Bulletin
Contacts Andrei Burz Pinzaru
Partner
+ 40 21 207 52 05
aburzpinzarudeloittececom
Simina Mut
Managing Associate
+ 40 21 207 52 69
smutdeloittececom
Leontin Trifa
Managing Associate
+ 40 21 207 53 13
ltrifadeloittececom
Financial Services Industry Contacts in
Deloitte Romania
George Mucibabici
Chairman
+ 40 21 207 52 55
gmucibabicideloittececom
Audit
Ahmed Hassan
Partner + 40 21 207 52 60 ahhassandeloittececom
Enterprise Risk Services
Andrei Ionescu
Director
+ 40 21 207 54 85
aionescudeloittececom
Financial Advisory
Hein van Dam
Partner in Charge
+ 40 21 207 52 30
hvandamdeloittececom
Tax
Dan Badin
Partner + 40 21 207 53 92
dbadindeloittececom
Legal
Andrei Burz-Pinzaru
Partner ReffampAssociates
correspondent law firm of Deloitte Romania
+ 40 21 207 52 05
aburzpinzarudeloittececom
Consulting
Razvan Horobeanu
Manager
+ 40 21 207 53 57
rhorobeanudeloittececom
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited a UK private company limited by
guarantee and its network of member firms each of which is a legally separate and independent entity
Please see wwwdeloittecomroabout for a detailed description of the legal structure of Deloitte Touche
Tohmatsu Limited and its member firms
Deloitte provides audit tax consulting and financial advisory services to public and private clients
spanning multiple industries With a globally connected network of member firms in more than 150
countries Deloitte brings world-class capabilities and deep local expertise to help clients succeed
wherever they operate Deloittes approximately 170 000 professionals are committed to becoming the
standard of excellence
This publication contains general information only and none of Deloitte Touche Tohmatsu Limited any of
its member firms or any of the foregoingrsquos affiliates (collectively the ldquoDeloitte Networkrdquo) are by means of
this publication rendering accounting business financial investment legal tax or other professional
advice or services This publication is not a substitute for such professional advice or services nor should
it be used as a basis for any decision or action that may affect your finances or your business Before
making any decision or taking any action that may affect your finances or your business you should
consult a qualified professional adviser No entity in the Deloitte Network shall be responsible for any loss
whatsoever sustained by any person who relies on this publication
copy 2011 Deloitte Romania
Banking
Issuer European Central Bank
(ldquoECBrdquo)
ECB amended the regulatory framework
regarding the administration of the
borrowing and lending operations
concluded by the Union under the
European financial stabilization mechanism
ECB enacted Decision no 17 dated 14
October 2010 concerning the administration of
the borrowing and lending operations
concluded by the European Union under the
European financial stabilization mechanism
The said Decision was published in the Official
Journal of the European Union no L
27520102010 and may be accessed here
ECB amended the regulatory framework
regarding the Trans-European Automated
Real-time Gross Settlement Express
Transfer System
European Central Bank enacted on 2
November 2010 a decision for the amendment
of Decision ECB20077 regarding the terms
and conditions for Trans - European
Automated Real-time Gross settlement
Express Transfer system The said decision
was published in the Official Journal of
European Union no L 290536112010 and
may be accessed here
Issuer European Commission (ldquoECrdquo)
EC has amended the regulatory framework
regarding quality criteria and quality
reporting for balance of payments statistics
EC enacted on 20 December 2010 Regulation
no 12272010 amending ECrsquos Regulation no
10552008 implementing EC Regulation no
1842005 of the European Parliament and of
the Council as regards quality criteria and
quality reporting for balance of payments
statistics The said Regulation was published in
the Official Gazette of the European Union no
L 33615 dated 21122010 For more
information please access here
Capital Markets
Issuer European Parliament and
Council
European Parliament and Council amended
the Prospectus to be published in case of
initial public offers
On 24 November 2010 the European
Parliament and the Council enacted Directive
201073UE amending Directive 200371EC
on the prospectus to be published in case of
initial public offers and Directive 2004109EC
on the harmonization of transparency in
relation to information about issuers whose
securities are admitted to trading on a
regulated market We underline that the
Member States must insure the implementation
of the said Directive until 1 July 2012 The full
text of the Directive was published in the
Official Journal of the European Union L
32711122010 and may be accessed here
Domestic regulatory
proposals
Banking
Issuer NBR
Proposal of Regulation regarding payments
The proposal aims to systematize the
regulations issued by NBR in payments field
taking NBR regulations in this area into a
unitary structure and also structuring them
depending on the nature of activities in order to
facilitate knowledge and application of the legal
framework in payments field The said proposal
may be accessed here
Proposal of Regulation regarding the
reporting of statistic data and information
to NBR
To facilitate the knowledge and application of
the legal framework on statistic reporting this
proposal aims to systematize the regulations
issued by NBR in this area and to concentrate
them in a unitary structure The said proposal
may be accessed here
Private Pensions
Issuer PPSSC
Proposal of Norm regarding the merger of
voluntary pension funds The full text of the
proposal may be accessed here
Proposal of Norm regarding the
membership and record of the participants
in voluntary pension funds The full text of
the proposal may be accessed here
Capital Markets
Issuer NSC
Draft Instruction on auditing computer
systems used by entities authorized
regulated and supervised by the NSC The
said proposal may be accessed here
Proposal of Regulation amending NSCrsquos
Regulation no 32006 regarding the
authorization set up and operation of the
Investorsrsquo Compensation Fund The full text
of the proposal may be accessed here
International regulatory
proposals measures
Banking
Issuer Committee of European Banking Supervisors (ldquoCEBSrdquo)
CEBS enacted on 13 October 2010 its Draft
consultation paper on the Guidebook on
Internal Governance For more details please
access here
CEBS enacted on 18 October 2010 its
second peer review Report on the
functioning of supervisory colleges For
more details please access here
CEBS has published on 18 November 2010
its guidelines on revised Article 3 of
Directive 200648EC For more information
please access here
CEBS has published on 10 December 2010
its Guidelines on Remuneration Policies
and Practices The said Guidelines may be
accessed here
CEBS published on 22 December 2010 the
final text of its Guidelines for the joint
assessment of the elements covered by the
supervisory review and evaluation process
and joint decision regarding the capital
adequacy of cross-border groups For
further information please access here
Issuer Loan Market Association (bdquoLMArdquo) LMA published on October 2010 updated
information regarding loan-related ldquoKnow
Your Customerrdquo documentation For more
information please access here
Issuer EC EC launched on 5 November 2010 another
public consultation with respect to the
credit rating agencies For more details
please access here
Issuer ECB ECB enacted on 13 December 2010 the
Guideline amending the Guideline
ECB20007 on monetary policy instruments
and procedures of the Euro-system The
Guideline was published in the Official Gazette
of European Union no L 33663 dated
21122010 For further information please
access here
According to a press release dated 16
December 2010 ECB has decided to
increase its subscribed capital with 5 billion
EUR from 576 billion EUR to 1076 billion
EUR starting with 29 December 2010 For
more details please access here
Insurance
Issuer EC EC initiated public consultations on the
review of the Insurance Mediation Directive
The purpose of this consultation is to collect
views from all stakeholders concerned on the
necessary changes to address the main
weaknesses in the current Directive
200292EC of the European Parliament and
the Council on insurance mediation For further
information please access here
Capital Markets
Issuer Committee of European Securities Regulators (bdquoCESRrdquo) CESR enacted on 13 October 2010 its
second set of technical advice in the
context of reviewing Directive no 392004
on markets in financial instruments For
further information please access here
Issuer EC EC has initiated on 5 November 2010 a
public consultation process having as
object the collection of opinions for
determining harmonization and improving
the legal framework regarding the
possession and transmission of
transferable securities as well as the
exercising of rights correspondent to
transferable securities within the unique
market context For more details please
access here
EC has launched a public consultation
having as object the review of applicable
legal framework for Undertakings for
Collective Investment in Transferable
Securities concerning certain provisions on
managers remuneration for the purpose of
improving the protection level of investors
For more details please access here
Issuer European Securities and Markets Authority (ldquoESMArdquo) ESMA published on 2 December 2010 the
list of measures recently taken by its
Members on short-selling For further
information please access here
Reff amp Associates is the correspondent law firm of Deloitte Romania fully
integrated with the Deloitte multi-disciplinary advisory practice and affiliated to
a network of law firms and legal departments working with Deloitte all over the
world Deloittersquos correspondent legal practice provides assistance to clients in
Romania on various matters pertaining to mergers and acquisitions corporate
and commercial law finance banking and capital markets real estate project
finance employment competition fiscal and commercial litigation and
intellectual property
In the financial services sector Reff amp Associates provides the full range of
services to banks and financial institutions including
- Finance deals transaction support in bilateral and syndicated loans
loan workouts securitisation loan transfers and assists in drafting and
negotiating the transaction documentation (loan agreements security
and other ancillary documentation)
- MampA transactions in the financial services sector advice on the
structure of the transaction the pre-contractual documentation due
diligence draftingnegotiating the purchase agreements and assisting
the implementation of the transaction
- Regulatory assistance ongoing assistance with respect to the
specific legal and regulatory requirements applicable to banks non
banking financial institutions operating in Romania development of
new financial products representation in front of the regulators
(National Bank of Romania Insurance Supervisory Commission
Securities Commission etc)
For more details on our services and credentials in the FSI sector please
click here
Subscribe to the Financial Services Industry Monthly Bulletin
Contacts Andrei Burz Pinzaru
Partner
+ 40 21 207 52 05
aburzpinzarudeloittececom
Simina Mut
Managing Associate
+ 40 21 207 52 69
smutdeloittececom
Leontin Trifa
Managing Associate
+ 40 21 207 53 13
ltrifadeloittececom
Financial Services Industry Contacts in
Deloitte Romania
George Mucibabici
Chairman
+ 40 21 207 52 55
gmucibabicideloittececom
Audit
Ahmed Hassan
Partner + 40 21 207 52 60 ahhassandeloittececom
Enterprise Risk Services
Andrei Ionescu
Director
+ 40 21 207 54 85
aionescudeloittececom
Financial Advisory
Hein van Dam
Partner in Charge
+ 40 21 207 52 30
hvandamdeloittececom
Tax
Dan Badin
Partner + 40 21 207 53 92
dbadindeloittececom
Legal
Andrei Burz-Pinzaru
Partner ReffampAssociates
correspondent law firm of Deloitte Romania
+ 40 21 207 52 05
aburzpinzarudeloittececom
Consulting
Razvan Horobeanu
Manager
+ 40 21 207 53 57
rhorobeanudeloittececom
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited a UK private company limited by
guarantee and its network of member firms each of which is a legally separate and independent entity
Please see wwwdeloittecomroabout for a detailed description of the legal structure of Deloitte Touche
Tohmatsu Limited and its member firms
Deloitte provides audit tax consulting and financial advisory services to public and private clients
spanning multiple industries With a globally connected network of member firms in more than 150
countries Deloitte brings world-class capabilities and deep local expertise to help clients succeed
wherever they operate Deloittes approximately 170 000 professionals are committed to becoming the
standard of excellence
This publication contains general information only and none of Deloitte Touche Tohmatsu Limited any of
its member firms or any of the foregoingrsquos affiliates (collectively the ldquoDeloitte Networkrdquo) are by means of
this publication rendering accounting business financial investment legal tax or other professional
advice or services This publication is not a substitute for such professional advice or services nor should
it be used as a basis for any decision or action that may affect your finances or your business Before
making any decision or taking any action that may affect your finances or your business you should
consult a qualified professional adviser No entity in the Deloitte Network shall be responsible for any loss
whatsoever sustained by any person who relies on this publication
copy 2011 Deloitte Romania
Domestic regulatory
proposals
Banking
Issuer NBR
Proposal of Regulation regarding payments
The proposal aims to systematize the
regulations issued by NBR in payments field
taking NBR regulations in this area into a
unitary structure and also structuring them
depending on the nature of activities in order to
facilitate knowledge and application of the legal
framework in payments field The said proposal
may be accessed here
Proposal of Regulation regarding the
reporting of statistic data and information
to NBR
To facilitate the knowledge and application of
the legal framework on statistic reporting this
proposal aims to systematize the regulations
issued by NBR in this area and to concentrate
them in a unitary structure The said proposal
may be accessed here
Private Pensions
Issuer PPSSC
Proposal of Norm regarding the merger of
voluntary pension funds The full text of the
proposal may be accessed here
Proposal of Norm regarding the
membership and record of the participants
in voluntary pension funds The full text of
the proposal may be accessed here
Capital Markets
Issuer NSC
Draft Instruction on auditing computer
systems used by entities authorized
regulated and supervised by the NSC The
said proposal may be accessed here
Proposal of Regulation amending NSCrsquos
Regulation no 32006 regarding the
authorization set up and operation of the
Investorsrsquo Compensation Fund The full text
of the proposal may be accessed here
International regulatory
proposals measures
Banking
Issuer Committee of European Banking Supervisors (ldquoCEBSrdquo)
CEBS enacted on 13 October 2010 its Draft
consultation paper on the Guidebook on
Internal Governance For more details please
access here
CEBS enacted on 18 October 2010 its
second peer review Report on the
functioning of supervisory colleges For
more details please access here
CEBS has published on 18 November 2010
its guidelines on revised Article 3 of
Directive 200648EC For more information
please access here
CEBS has published on 10 December 2010
its Guidelines on Remuneration Policies
and Practices The said Guidelines may be
accessed here
CEBS published on 22 December 2010 the
final text of its Guidelines for the joint
assessment of the elements covered by the
supervisory review and evaluation process
and joint decision regarding the capital
adequacy of cross-border groups For
further information please access here
Issuer Loan Market Association (bdquoLMArdquo) LMA published on October 2010 updated
information regarding loan-related ldquoKnow
Your Customerrdquo documentation For more
information please access here
Issuer EC EC launched on 5 November 2010 another
public consultation with respect to the
credit rating agencies For more details
please access here
Issuer ECB ECB enacted on 13 December 2010 the
Guideline amending the Guideline
ECB20007 on monetary policy instruments
and procedures of the Euro-system The
Guideline was published in the Official Gazette
of European Union no L 33663 dated
21122010 For further information please
access here
According to a press release dated 16
December 2010 ECB has decided to
increase its subscribed capital with 5 billion
EUR from 576 billion EUR to 1076 billion
EUR starting with 29 December 2010 For
more details please access here
Insurance
Issuer EC EC initiated public consultations on the
review of the Insurance Mediation Directive
The purpose of this consultation is to collect
views from all stakeholders concerned on the
necessary changes to address the main
weaknesses in the current Directive
200292EC of the European Parliament and
the Council on insurance mediation For further
information please access here
Capital Markets
Issuer Committee of European Securities Regulators (bdquoCESRrdquo) CESR enacted on 13 October 2010 its
second set of technical advice in the
context of reviewing Directive no 392004
on markets in financial instruments For
further information please access here
Issuer EC EC has initiated on 5 November 2010 a
public consultation process having as
object the collection of opinions for
determining harmonization and improving
the legal framework regarding the
possession and transmission of
transferable securities as well as the
exercising of rights correspondent to
transferable securities within the unique
market context For more details please
access here
EC has launched a public consultation
having as object the review of applicable
legal framework for Undertakings for
Collective Investment in Transferable
Securities concerning certain provisions on
managers remuneration for the purpose of
improving the protection level of investors
For more details please access here
Issuer European Securities and Markets Authority (ldquoESMArdquo) ESMA published on 2 December 2010 the
list of measures recently taken by its
Members on short-selling For further
information please access here
Reff amp Associates is the correspondent law firm of Deloitte Romania fully
integrated with the Deloitte multi-disciplinary advisory practice and affiliated to
a network of law firms and legal departments working with Deloitte all over the
world Deloittersquos correspondent legal practice provides assistance to clients in
Romania on various matters pertaining to mergers and acquisitions corporate
and commercial law finance banking and capital markets real estate project
finance employment competition fiscal and commercial litigation and
intellectual property
In the financial services sector Reff amp Associates provides the full range of
services to banks and financial institutions including
- Finance deals transaction support in bilateral and syndicated loans
loan workouts securitisation loan transfers and assists in drafting and
negotiating the transaction documentation (loan agreements security
and other ancillary documentation)
- MampA transactions in the financial services sector advice on the
structure of the transaction the pre-contractual documentation due
diligence draftingnegotiating the purchase agreements and assisting
the implementation of the transaction
- Regulatory assistance ongoing assistance with respect to the
specific legal and regulatory requirements applicable to banks non
banking financial institutions operating in Romania development of
new financial products representation in front of the regulators
(National Bank of Romania Insurance Supervisory Commission
Securities Commission etc)
For more details on our services and credentials in the FSI sector please
click here
Subscribe to the Financial Services Industry Monthly Bulletin
Contacts Andrei Burz Pinzaru
Partner
+ 40 21 207 52 05
aburzpinzarudeloittececom
Simina Mut
Managing Associate
+ 40 21 207 52 69
smutdeloittececom
Leontin Trifa
Managing Associate
+ 40 21 207 53 13
ltrifadeloittececom
Financial Services Industry Contacts in
Deloitte Romania
George Mucibabici
Chairman
+ 40 21 207 52 55
gmucibabicideloittececom
Audit
Ahmed Hassan
Partner + 40 21 207 52 60 ahhassandeloittececom
Enterprise Risk Services
Andrei Ionescu
Director
+ 40 21 207 54 85
aionescudeloittececom
Financial Advisory
Hein van Dam
Partner in Charge
+ 40 21 207 52 30
hvandamdeloittececom
Tax
Dan Badin
Partner + 40 21 207 53 92
dbadindeloittececom
Legal
Andrei Burz-Pinzaru
Partner ReffampAssociates
correspondent law firm of Deloitte Romania
+ 40 21 207 52 05
aburzpinzarudeloittececom
Consulting
Razvan Horobeanu
Manager
+ 40 21 207 53 57
rhorobeanudeloittececom
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited a UK private company limited by
guarantee and its network of member firms each of which is a legally separate and independent entity
Please see wwwdeloittecomroabout for a detailed description of the legal structure of Deloitte Touche
Tohmatsu Limited and its member firms
Deloitte provides audit tax consulting and financial advisory services to public and private clients
spanning multiple industries With a globally connected network of member firms in more than 150
countries Deloitte brings world-class capabilities and deep local expertise to help clients succeed
wherever they operate Deloittes approximately 170 000 professionals are committed to becoming the
standard of excellence
This publication contains general information only and none of Deloitte Touche Tohmatsu Limited any of
its member firms or any of the foregoingrsquos affiliates (collectively the ldquoDeloitte Networkrdquo) are by means of
this publication rendering accounting business financial investment legal tax or other professional
advice or services This publication is not a substitute for such professional advice or services nor should
it be used as a basis for any decision or action that may affect your finances or your business Before
making any decision or taking any action that may affect your finances or your business you should
consult a qualified professional adviser No entity in the Deloitte Network shall be responsible for any loss
whatsoever sustained by any person who relies on this publication
copy 2011 Deloitte Romania
Banking
Issuer NBR
Proposal of Regulation regarding payments
The proposal aims to systematize the
regulations issued by NBR in payments field
taking NBR regulations in this area into a
unitary structure and also structuring them
depending on the nature of activities in order to
facilitate knowledge and application of the legal
framework in payments field The said proposal
may be accessed here
Proposal of Regulation regarding the
reporting of statistic data and information
to NBR
To facilitate the knowledge and application of
the legal framework on statistic reporting this
proposal aims to systematize the regulations
issued by NBR in this area and to concentrate
them in a unitary structure The said proposal
may be accessed here
Private Pensions
Issuer PPSSC
Proposal of Norm regarding the merger of
voluntary pension funds The full text of the
proposal may be accessed here
Proposal of Norm regarding the
membership and record of the participants
in voluntary pension funds The full text of
the proposal may be accessed here
Capital Markets
Issuer NSC
Draft Instruction on auditing computer
systems used by entities authorized
regulated and supervised by the NSC The
said proposal may be accessed here
Proposal of Regulation amending NSCrsquos
Regulation no 32006 regarding the
authorization set up and operation of the
Investorsrsquo Compensation Fund The full text
of the proposal may be accessed here
International regulatory
proposals measures
Banking
Issuer Committee of European Banking Supervisors (ldquoCEBSrdquo)
CEBS enacted on 13 October 2010 its Draft
consultation paper on the Guidebook on
Internal Governance For more details please
access here
CEBS enacted on 18 October 2010 its
second peer review Report on the
functioning of supervisory colleges For
more details please access here
CEBS has published on 18 November 2010
its guidelines on revised Article 3 of
Directive 200648EC For more information
please access here
CEBS has published on 10 December 2010
its Guidelines on Remuneration Policies
and Practices The said Guidelines may be
accessed here
CEBS published on 22 December 2010 the
final text of its Guidelines for the joint
assessment of the elements covered by the
supervisory review and evaluation process
and joint decision regarding the capital
adequacy of cross-border groups For
further information please access here
Issuer Loan Market Association (bdquoLMArdquo) LMA published on October 2010 updated
information regarding loan-related ldquoKnow
Your Customerrdquo documentation For more
information please access here
Issuer EC EC launched on 5 November 2010 another
public consultation with respect to the
credit rating agencies For more details
please access here
Issuer ECB ECB enacted on 13 December 2010 the
Guideline amending the Guideline
ECB20007 on monetary policy instruments
and procedures of the Euro-system The
Guideline was published in the Official Gazette
of European Union no L 33663 dated
21122010 For further information please
access here
According to a press release dated 16
December 2010 ECB has decided to
increase its subscribed capital with 5 billion
EUR from 576 billion EUR to 1076 billion
EUR starting with 29 December 2010 For
more details please access here
Insurance
Issuer EC EC initiated public consultations on the
review of the Insurance Mediation Directive
The purpose of this consultation is to collect
views from all stakeholders concerned on the
necessary changes to address the main
weaknesses in the current Directive
200292EC of the European Parliament and
the Council on insurance mediation For further
information please access here
Capital Markets
Issuer Committee of European Securities Regulators (bdquoCESRrdquo) CESR enacted on 13 October 2010 its
second set of technical advice in the
context of reviewing Directive no 392004
on markets in financial instruments For
further information please access here
Issuer EC EC has initiated on 5 November 2010 a
public consultation process having as
object the collection of opinions for
determining harmonization and improving
the legal framework regarding the
possession and transmission of
transferable securities as well as the
exercising of rights correspondent to
transferable securities within the unique
market context For more details please
access here
EC has launched a public consultation
having as object the review of applicable
legal framework for Undertakings for
Collective Investment in Transferable
Securities concerning certain provisions on
managers remuneration for the purpose of
improving the protection level of investors
For more details please access here
Issuer European Securities and Markets Authority (ldquoESMArdquo) ESMA published on 2 December 2010 the
list of measures recently taken by its
Members on short-selling For further
information please access here
Reff amp Associates is the correspondent law firm of Deloitte Romania fully
integrated with the Deloitte multi-disciplinary advisory practice and affiliated to
a network of law firms and legal departments working with Deloitte all over the
world Deloittersquos correspondent legal practice provides assistance to clients in
Romania on various matters pertaining to mergers and acquisitions corporate
and commercial law finance banking and capital markets real estate project
finance employment competition fiscal and commercial litigation and
intellectual property
In the financial services sector Reff amp Associates provides the full range of
services to banks and financial institutions including
- Finance deals transaction support in bilateral and syndicated loans
loan workouts securitisation loan transfers and assists in drafting and
negotiating the transaction documentation (loan agreements security
and other ancillary documentation)
- MampA transactions in the financial services sector advice on the
structure of the transaction the pre-contractual documentation due
diligence draftingnegotiating the purchase agreements and assisting
the implementation of the transaction
- Regulatory assistance ongoing assistance with respect to the
specific legal and regulatory requirements applicable to banks non
banking financial institutions operating in Romania development of
new financial products representation in front of the regulators
(National Bank of Romania Insurance Supervisory Commission
Securities Commission etc)
For more details on our services and credentials in the FSI sector please
click here
Subscribe to the Financial Services Industry Monthly Bulletin
Contacts Andrei Burz Pinzaru
Partner
+ 40 21 207 52 05
aburzpinzarudeloittececom
Simina Mut
Managing Associate
+ 40 21 207 52 69
smutdeloittececom
Leontin Trifa
Managing Associate
+ 40 21 207 53 13
ltrifadeloittececom
Financial Services Industry Contacts in
Deloitte Romania
George Mucibabici
Chairman
+ 40 21 207 52 55
gmucibabicideloittececom
Audit
Ahmed Hassan
Partner + 40 21 207 52 60 ahhassandeloittececom
Enterprise Risk Services
Andrei Ionescu
Director
+ 40 21 207 54 85
aionescudeloittececom
Financial Advisory
Hein van Dam
Partner in Charge
+ 40 21 207 52 30
hvandamdeloittececom
Tax
Dan Badin
Partner + 40 21 207 53 92
dbadindeloittececom
Legal
Andrei Burz-Pinzaru
Partner ReffampAssociates
correspondent law firm of Deloitte Romania
+ 40 21 207 52 05
aburzpinzarudeloittececom
Consulting
Razvan Horobeanu
Manager
+ 40 21 207 53 57
rhorobeanudeloittececom
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited a UK private company limited by
guarantee and its network of member firms each of which is a legally separate and independent entity
Please see wwwdeloittecomroabout for a detailed description of the legal structure of Deloitte Touche
Tohmatsu Limited and its member firms
Deloitte provides audit tax consulting and financial advisory services to public and private clients
spanning multiple industries With a globally connected network of member firms in more than 150
countries Deloitte brings world-class capabilities and deep local expertise to help clients succeed
wherever they operate Deloittes approximately 170 000 professionals are committed to becoming the
standard of excellence
This publication contains general information only and none of Deloitte Touche Tohmatsu Limited any of
its member firms or any of the foregoingrsquos affiliates (collectively the ldquoDeloitte Networkrdquo) are by means of
this publication rendering accounting business financial investment legal tax or other professional
advice or services This publication is not a substitute for such professional advice or services nor should
it be used as a basis for any decision or action that may affect your finances or your business Before
making any decision or taking any action that may affect your finances or your business you should
consult a qualified professional adviser No entity in the Deloitte Network shall be responsible for any loss
whatsoever sustained by any person who relies on this publication
copy 2011 Deloitte Romania
International regulatory
proposals measures
Banking
Issuer Committee of European Banking Supervisors (ldquoCEBSrdquo)
CEBS enacted on 13 October 2010 its Draft
consultation paper on the Guidebook on
Internal Governance For more details please
access here
CEBS enacted on 18 October 2010 its
second peer review Report on the
functioning of supervisory colleges For
more details please access here
CEBS has published on 18 November 2010
its guidelines on revised Article 3 of
Directive 200648EC For more information
please access here
CEBS has published on 10 December 2010
its Guidelines on Remuneration Policies
and Practices The said Guidelines may be
accessed here
CEBS published on 22 December 2010 the
final text of its Guidelines for the joint
assessment of the elements covered by the
supervisory review and evaluation process
and joint decision regarding the capital
adequacy of cross-border groups For
further information please access here
Issuer Loan Market Association (bdquoLMArdquo) LMA published on October 2010 updated
information regarding loan-related ldquoKnow
Your Customerrdquo documentation For more
information please access here
Issuer EC EC launched on 5 November 2010 another
public consultation with respect to the
credit rating agencies For more details
please access here
Issuer ECB ECB enacted on 13 December 2010 the
Guideline amending the Guideline
ECB20007 on monetary policy instruments
and procedures of the Euro-system The
Guideline was published in the Official Gazette
of European Union no L 33663 dated
21122010 For further information please
access here
According to a press release dated 16
December 2010 ECB has decided to
increase its subscribed capital with 5 billion
EUR from 576 billion EUR to 1076 billion
EUR starting with 29 December 2010 For
more details please access here
Insurance
Issuer EC EC initiated public consultations on the
review of the Insurance Mediation Directive
The purpose of this consultation is to collect
views from all stakeholders concerned on the
necessary changes to address the main
weaknesses in the current Directive
200292EC of the European Parliament and
the Council on insurance mediation For further
information please access here
Capital Markets
Issuer Committee of European Securities Regulators (bdquoCESRrdquo) CESR enacted on 13 October 2010 its
second set of technical advice in the
context of reviewing Directive no 392004
on markets in financial instruments For
further information please access here
Issuer EC EC has initiated on 5 November 2010 a
public consultation process having as
object the collection of opinions for
determining harmonization and improving
the legal framework regarding the
possession and transmission of
transferable securities as well as the
exercising of rights correspondent to
transferable securities within the unique
market context For more details please
access here
EC has launched a public consultation
having as object the review of applicable
legal framework for Undertakings for
Collective Investment in Transferable
Securities concerning certain provisions on
managers remuneration for the purpose of
improving the protection level of investors
For more details please access here
Issuer European Securities and Markets Authority (ldquoESMArdquo) ESMA published on 2 December 2010 the
list of measures recently taken by its
Members on short-selling For further
information please access here
Reff amp Associates is the correspondent law firm of Deloitte Romania fully
integrated with the Deloitte multi-disciplinary advisory practice and affiliated to
a network of law firms and legal departments working with Deloitte all over the
world Deloittersquos correspondent legal practice provides assistance to clients in
Romania on various matters pertaining to mergers and acquisitions corporate
and commercial law finance banking and capital markets real estate project
finance employment competition fiscal and commercial litigation and
intellectual property
In the financial services sector Reff amp Associates provides the full range of
services to banks and financial institutions including
- Finance deals transaction support in bilateral and syndicated loans
loan workouts securitisation loan transfers and assists in drafting and
negotiating the transaction documentation (loan agreements security
and other ancillary documentation)
- MampA transactions in the financial services sector advice on the
structure of the transaction the pre-contractual documentation due
diligence draftingnegotiating the purchase agreements and assisting
the implementation of the transaction
- Regulatory assistance ongoing assistance with respect to the
specific legal and regulatory requirements applicable to banks non
banking financial institutions operating in Romania development of
new financial products representation in front of the regulators
(National Bank of Romania Insurance Supervisory Commission
Securities Commission etc)
For more details on our services and credentials in the FSI sector please
click here
Subscribe to the Financial Services Industry Monthly Bulletin
Contacts Andrei Burz Pinzaru
Partner
+ 40 21 207 52 05
aburzpinzarudeloittececom
Simina Mut
Managing Associate
+ 40 21 207 52 69
smutdeloittececom
Leontin Trifa
Managing Associate
+ 40 21 207 53 13
ltrifadeloittececom
Financial Services Industry Contacts in
Deloitte Romania
George Mucibabici
Chairman
+ 40 21 207 52 55
gmucibabicideloittececom
Audit
Ahmed Hassan
Partner + 40 21 207 52 60 ahhassandeloittececom
Enterprise Risk Services
Andrei Ionescu
Director
+ 40 21 207 54 85
aionescudeloittececom
Financial Advisory
Hein van Dam
Partner in Charge
+ 40 21 207 52 30
hvandamdeloittececom
Tax
Dan Badin
Partner + 40 21 207 53 92
dbadindeloittececom
Legal
Andrei Burz-Pinzaru
Partner ReffampAssociates
correspondent law firm of Deloitte Romania
+ 40 21 207 52 05
aburzpinzarudeloittececom
Consulting
Razvan Horobeanu
Manager
+ 40 21 207 53 57
rhorobeanudeloittececom
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited a UK private company limited by
guarantee and its network of member firms each of which is a legally separate and independent entity
Please see wwwdeloittecomroabout for a detailed description of the legal structure of Deloitte Touche
Tohmatsu Limited and its member firms
Deloitte provides audit tax consulting and financial advisory services to public and private clients
spanning multiple industries With a globally connected network of member firms in more than 150
countries Deloitte brings world-class capabilities and deep local expertise to help clients succeed
wherever they operate Deloittes approximately 170 000 professionals are committed to becoming the
standard of excellence
This publication contains general information only and none of Deloitte Touche Tohmatsu Limited any of
its member firms or any of the foregoingrsquos affiliates (collectively the ldquoDeloitte Networkrdquo) are by means of
this publication rendering accounting business financial investment legal tax or other professional
advice or services This publication is not a substitute for such professional advice or services nor should
it be used as a basis for any decision or action that may affect your finances or your business Before
making any decision or taking any action that may affect your finances or your business you should
consult a qualified professional adviser No entity in the Deloitte Network shall be responsible for any loss
whatsoever sustained by any person who relies on this publication
copy 2011 Deloitte Romania
Banking
Issuer Committee of European Banking Supervisors (ldquoCEBSrdquo)
CEBS enacted on 13 October 2010 its Draft
consultation paper on the Guidebook on
Internal Governance For more details please
access here
CEBS enacted on 18 October 2010 its
second peer review Report on the
functioning of supervisory colleges For
more details please access here
CEBS has published on 18 November 2010
its guidelines on revised Article 3 of
Directive 200648EC For more information
please access here
CEBS has published on 10 December 2010
its Guidelines on Remuneration Policies
and Practices The said Guidelines may be
accessed here
CEBS published on 22 December 2010 the
final text of its Guidelines for the joint
assessment of the elements covered by the
supervisory review and evaluation process
and joint decision regarding the capital
adequacy of cross-border groups For
further information please access here
Issuer Loan Market Association (bdquoLMArdquo) LMA published on October 2010 updated
information regarding loan-related ldquoKnow
Your Customerrdquo documentation For more
information please access here
Issuer EC EC launched on 5 November 2010 another
public consultation with respect to the
credit rating agencies For more details
please access here
Issuer ECB ECB enacted on 13 December 2010 the
Guideline amending the Guideline
ECB20007 on monetary policy instruments
and procedures of the Euro-system The
Guideline was published in the Official Gazette
of European Union no L 33663 dated
21122010 For further information please
access here
According to a press release dated 16
December 2010 ECB has decided to
increase its subscribed capital with 5 billion
EUR from 576 billion EUR to 1076 billion
EUR starting with 29 December 2010 For
more details please access here
Insurance
Issuer EC EC initiated public consultations on the
review of the Insurance Mediation Directive
The purpose of this consultation is to collect
views from all stakeholders concerned on the
necessary changes to address the main
weaknesses in the current Directive
200292EC of the European Parliament and
the Council on insurance mediation For further
information please access here
Capital Markets
Issuer Committee of European Securities Regulators (bdquoCESRrdquo) CESR enacted on 13 October 2010 its
second set of technical advice in the
context of reviewing Directive no 392004
on markets in financial instruments For
further information please access here
Issuer EC EC has initiated on 5 November 2010 a
public consultation process having as
object the collection of opinions for
determining harmonization and improving
the legal framework regarding the
possession and transmission of
transferable securities as well as the
exercising of rights correspondent to
transferable securities within the unique
market context For more details please
access here
EC has launched a public consultation
having as object the review of applicable
legal framework for Undertakings for
Collective Investment in Transferable
Securities concerning certain provisions on
managers remuneration for the purpose of
improving the protection level of investors
For more details please access here
Issuer European Securities and Markets Authority (ldquoESMArdquo) ESMA published on 2 December 2010 the
list of measures recently taken by its
Members on short-selling For further
information please access here
Reff amp Associates is the correspondent law firm of Deloitte Romania fully
integrated with the Deloitte multi-disciplinary advisory practice and affiliated to
a network of law firms and legal departments working with Deloitte all over the
world Deloittersquos correspondent legal practice provides assistance to clients in
Romania on various matters pertaining to mergers and acquisitions corporate
and commercial law finance banking and capital markets real estate project
finance employment competition fiscal and commercial litigation and
intellectual property
In the financial services sector Reff amp Associates provides the full range of
services to banks and financial institutions including
- Finance deals transaction support in bilateral and syndicated loans
loan workouts securitisation loan transfers and assists in drafting and
negotiating the transaction documentation (loan agreements security
and other ancillary documentation)
- MampA transactions in the financial services sector advice on the
structure of the transaction the pre-contractual documentation due
diligence draftingnegotiating the purchase agreements and assisting
the implementation of the transaction
- Regulatory assistance ongoing assistance with respect to the
specific legal and regulatory requirements applicable to banks non
banking financial institutions operating in Romania development of
new financial products representation in front of the regulators
(National Bank of Romania Insurance Supervisory Commission
Securities Commission etc)
For more details on our services and credentials in the FSI sector please
click here
Subscribe to the Financial Services Industry Monthly Bulletin
Contacts Andrei Burz Pinzaru
Partner
+ 40 21 207 52 05
aburzpinzarudeloittececom
Simina Mut
Managing Associate
+ 40 21 207 52 69
smutdeloittececom
Leontin Trifa
Managing Associate
+ 40 21 207 53 13
ltrifadeloittececom
Financial Services Industry Contacts in
Deloitte Romania
George Mucibabici
Chairman
+ 40 21 207 52 55
gmucibabicideloittececom
Audit
Ahmed Hassan
Partner + 40 21 207 52 60 ahhassandeloittececom
Enterprise Risk Services
Andrei Ionescu
Director
+ 40 21 207 54 85
aionescudeloittececom
Financial Advisory
Hein van Dam
Partner in Charge
+ 40 21 207 52 30
hvandamdeloittececom
Tax
Dan Badin
Partner + 40 21 207 53 92
dbadindeloittececom
Legal
Andrei Burz-Pinzaru
Partner ReffampAssociates
correspondent law firm of Deloitte Romania
+ 40 21 207 52 05
aburzpinzarudeloittececom
Consulting
Razvan Horobeanu
Manager
+ 40 21 207 53 57
rhorobeanudeloittececom
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited a UK private company limited by
guarantee and its network of member firms each of which is a legally separate and independent entity
Please see wwwdeloittecomroabout for a detailed description of the legal structure of Deloitte Touche
Tohmatsu Limited and its member firms
Deloitte provides audit tax consulting and financial advisory services to public and private clients
spanning multiple industries With a globally connected network of member firms in more than 150
countries Deloitte brings world-class capabilities and deep local expertise to help clients succeed
wherever they operate Deloittes approximately 170 000 professionals are committed to becoming the
standard of excellence
This publication contains general information only and none of Deloitte Touche Tohmatsu Limited any of
its member firms or any of the foregoingrsquos affiliates (collectively the ldquoDeloitte Networkrdquo) are by means of
this publication rendering accounting business financial investment legal tax or other professional
advice or services This publication is not a substitute for such professional advice or services nor should
it be used as a basis for any decision or action that may affect your finances or your business Before
making any decision or taking any action that may affect your finances or your business you should
consult a qualified professional adviser No entity in the Deloitte Network shall be responsible for any loss
whatsoever sustained by any person who relies on this publication
copy 2011 Deloitte Romania
Insurance
Issuer EC EC initiated public consultations on the
review of the Insurance Mediation Directive
The purpose of this consultation is to collect
views from all stakeholders concerned on the
necessary changes to address the main
weaknesses in the current Directive
200292EC of the European Parliament and
the Council on insurance mediation For further
information please access here
Capital Markets
Issuer Committee of European Securities Regulators (bdquoCESRrdquo) CESR enacted on 13 October 2010 its
second set of technical advice in the
context of reviewing Directive no 392004
on markets in financial instruments For
further information please access here
Issuer EC EC has initiated on 5 November 2010 a
public consultation process having as
object the collection of opinions for
determining harmonization and improving
the legal framework regarding the
possession and transmission of
transferable securities as well as the
exercising of rights correspondent to
transferable securities within the unique
market context For more details please
access here
EC has launched a public consultation
having as object the review of applicable
legal framework for Undertakings for
Collective Investment in Transferable
Securities concerning certain provisions on
managers remuneration for the purpose of
improving the protection level of investors
For more details please access here
Issuer European Securities and Markets Authority (ldquoESMArdquo) ESMA published on 2 December 2010 the
list of measures recently taken by its
Members on short-selling For further
information please access here
Reff amp Associates is the correspondent law firm of Deloitte Romania fully
integrated with the Deloitte multi-disciplinary advisory practice and affiliated to
a network of law firms and legal departments working with Deloitte all over the
world Deloittersquos correspondent legal practice provides assistance to clients in
Romania on various matters pertaining to mergers and acquisitions corporate
and commercial law finance banking and capital markets real estate project
finance employment competition fiscal and commercial litigation and
intellectual property
In the financial services sector Reff amp Associates provides the full range of
services to banks and financial institutions including
- Finance deals transaction support in bilateral and syndicated loans
loan workouts securitisation loan transfers and assists in drafting and
negotiating the transaction documentation (loan agreements security
and other ancillary documentation)
- MampA transactions in the financial services sector advice on the
structure of the transaction the pre-contractual documentation due
diligence draftingnegotiating the purchase agreements and assisting
the implementation of the transaction
- Regulatory assistance ongoing assistance with respect to the
specific legal and regulatory requirements applicable to banks non
banking financial institutions operating in Romania development of
new financial products representation in front of the regulators
(National Bank of Romania Insurance Supervisory Commission
Securities Commission etc)
For more details on our services and credentials in the FSI sector please
click here
Subscribe to the Financial Services Industry Monthly Bulletin
Contacts Andrei Burz Pinzaru
Partner
+ 40 21 207 52 05
aburzpinzarudeloittececom
Simina Mut
Managing Associate
+ 40 21 207 52 69
smutdeloittececom
Leontin Trifa
Managing Associate
+ 40 21 207 53 13
ltrifadeloittececom
Financial Services Industry Contacts in
Deloitte Romania
George Mucibabici
Chairman
+ 40 21 207 52 55
gmucibabicideloittececom
Audit
Ahmed Hassan
Partner + 40 21 207 52 60 ahhassandeloittececom
Enterprise Risk Services
Andrei Ionescu
Director
+ 40 21 207 54 85
aionescudeloittececom
Financial Advisory
Hein van Dam
Partner in Charge
+ 40 21 207 52 30
hvandamdeloittececom
Tax
Dan Badin
Partner + 40 21 207 53 92
dbadindeloittececom
Legal
Andrei Burz-Pinzaru
Partner ReffampAssociates
correspondent law firm of Deloitte Romania
+ 40 21 207 52 05
aburzpinzarudeloittececom
Consulting
Razvan Horobeanu
Manager
+ 40 21 207 53 57
rhorobeanudeloittececom
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited a UK private company limited by
guarantee and its network of member firms each of which is a legally separate and independent entity
Please see wwwdeloittecomroabout for a detailed description of the legal structure of Deloitte Touche
Tohmatsu Limited and its member firms
Deloitte provides audit tax consulting and financial advisory services to public and private clients
spanning multiple industries With a globally connected network of member firms in more than 150
countries Deloitte brings world-class capabilities and deep local expertise to help clients succeed
wherever they operate Deloittes approximately 170 000 professionals are committed to becoming the
standard of excellence
This publication contains general information only and none of Deloitte Touche Tohmatsu Limited any of
its member firms or any of the foregoingrsquos affiliates (collectively the ldquoDeloitte Networkrdquo) are by means of
this publication rendering accounting business financial investment legal tax or other professional
advice or services This publication is not a substitute for such professional advice or services nor should
it be used as a basis for any decision or action that may affect your finances or your business Before
making any decision or taking any action that may affect your finances or your business you should
consult a qualified professional adviser No entity in the Deloitte Network shall be responsible for any loss
whatsoever sustained by any person who relies on this publication
copy 2011 Deloitte Romania
Reff amp Associates is the correspondent law firm of Deloitte Romania fully
integrated with the Deloitte multi-disciplinary advisory practice and affiliated to
a network of law firms and legal departments working with Deloitte all over the
world Deloittersquos correspondent legal practice provides assistance to clients in
Romania on various matters pertaining to mergers and acquisitions corporate
and commercial law finance banking and capital markets real estate project
finance employment competition fiscal and commercial litigation and
intellectual property
In the financial services sector Reff amp Associates provides the full range of
services to banks and financial institutions including
- Finance deals transaction support in bilateral and syndicated loans
loan workouts securitisation loan transfers and assists in drafting and
negotiating the transaction documentation (loan agreements security
and other ancillary documentation)
- MampA transactions in the financial services sector advice on the
structure of the transaction the pre-contractual documentation due
diligence draftingnegotiating the purchase agreements and assisting
the implementation of the transaction
- Regulatory assistance ongoing assistance with respect to the
specific legal and regulatory requirements applicable to banks non
banking financial institutions operating in Romania development of
new financial products representation in front of the regulators
(National Bank of Romania Insurance Supervisory Commission
Securities Commission etc)
For more details on our services and credentials in the FSI sector please
click here
Subscribe to the Financial Services Industry Monthly Bulletin
Contacts Andrei Burz Pinzaru
Partner
+ 40 21 207 52 05
aburzpinzarudeloittececom
Simina Mut
Managing Associate
+ 40 21 207 52 69
smutdeloittececom
Leontin Trifa
Managing Associate
+ 40 21 207 53 13
ltrifadeloittececom
Financial Services Industry Contacts in
Deloitte Romania
George Mucibabici
Chairman
+ 40 21 207 52 55
gmucibabicideloittececom
Audit
Ahmed Hassan
Partner + 40 21 207 52 60 ahhassandeloittececom
Enterprise Risk Services
Andrei Ionescu
Director
+ 40 21 207 54 85
aionescudeloittececom
Financial Advisory
Hein van Dam
Partner in Charge
+ 40 21 207 52 30
hvandamdeloittececom
Tax
Dan Badin
Partner + 40 21 207 53 92
dbadindeloittececom
Legal
Andrei Burz-Pinzaru
Partner ReffampAssociates
correspondent law firm of Deloitte Romania
+ 40 21 207 52 05
aburzpinzarudeloittececom
Consulting
Razvan Horobeanu
Manager
+ 40 21 207 53 57
rhorobeanudeloittececom
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited a UK private company limited by
guarantee and its network of member firms each of which is a legally separate and independent entity
Please see wwwdeloittecomroabout for a detailed description of the legal structure of Deloitte Touche
Tohmatsu Limited and its member firms
Deloitte provides audit tax consulting and financial advisory services to public and private clients
spanning multiple industries With a globally connected network of member firms in more than 150
countries Deloitte brings world-class capabilities and deep local expertise to help clients succeed
wherever they operate Deloittes approximately 170 000 professionals are committed to becoming the
standard of excellence
This publication contains general information only and none of Deloitte Touche Tohmatsu Limited any of
its member firms or any of the foregoingrsquos affiliates (collectively the ldquoDeloitte Networkrdquo) are by means of
this publication rendering accounting business financial investment legal tax or other professional
advice or services This publication is not a substitute for such professional advice or services nor should
it be used as a basis for any decision or action that may affect your finances or your business Before
making any decision or taking any action that may affect your finances or your business you should
consult a qualified professional adviser No entity in the Deloitte Network shall be responsible for any loss
whatsoever sustained by any person who relies on this publication
copy 2011 Deloitte Romania
Financial Services Industry Contacts in
Deloitte Romania
George Mucibabici
Chairman
+ 40 21 207 52 55
gmucibabicideloittececom
Audit
Ahmed Hassan
Partner + 40 21 207 52 60 ahhassandeloittececom
Enterprise Risk Services
Andrei Ionescu
Director
+ 40 21 207 54 85
aionescudeloittececom
Financial Advisory
Hein van Dam
Partner in Charge
+ 40 21 207 52 30
hvandamdeloittececom
Tax
Dan Badin
Partner + 40 21 207 53 92
dbadindeloittececom
Legal
Andrei Burz-Pinzaru
Partner ReffampAssociates
correspondent law firm of Deloitte Romania
+ 40 21 207 52 05
aburzpinzarudeloittececom
Consulting
Razvan Horobeanu
Manager
+ 40 21 207 53 57
rhorobeanudeloittececom
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited a UK private company limited by
guarantee and its network of member firms each of which is a legally separate and independent entity
Please see wwwdeloittecomroabout for a detailed description of the legal structure of Deloitte Touche
Tohmatsu Limited and its member firms
Deloitte provides audit tax consulting and financial advisory services to public and private clients
spanning multiple industries With a globally connected network of member firms in more than 150
countries Deloitte brings world-class capabilities and deep local expertise to help clients succeed
wherever they operate Deloittes approximately 170 000 professionals are committed to becoming the
standard of excellence
This publication contains general information only and none of Deloitte Touche Tohmatsu Limited any of
its member firms or any of the foregoingrsquos affiliates (collectively the ldquoDeloitte Networkrdquo) are by means of
this publication rendering accounting business financial investment legal tax or other professional
advice or services This publication is not a substitute for such professional advice or services nor should
it be used as a basis for any decision or action that may affect your finances or your business Before
making any decision or taking any action that may affect your finances or your business you should
consult a qualified professional adviser No entity in the Deloitte Network shall be responsible for any loss
whatsoever sustained by any person who relies on this publication
copy 2011 Deloitte Romania
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited a UK private company limited by
guarantee and its network of member firms each of which is a legally separate and independent entity
Please see wwwdeloittecomroabout for a detailed description of the legal structure of Deloitte Touche
Tohmatsu Limited and its member firms
Deloitte provides audit tax consulting and financial advisory services to public and private clients
spanning multiple industries With a globally connected network of member firms in more than 150
countries Deloitte brings world-class capabilities and deep local expertise to help clients succeed
wherever they operate Deloittes approximately 170 000 professionals are committed to becoming the
standard of excellence
This publication contains general information only and none of Deloitte Touche Tohmatsu Limited any of
its member firms or any of the foregoingrsquos affiliates (collectively the ldquoDeloitte Networkrdquo) are by means of
this publication rendering accounting business financial investment legal tax or other professional
advice or services This publication is not a substitute for such professional advice or services nor should
it be used as a basis for any decision or action that may affect your finances or your business Before
making any decision or taking any action that may affect your finances or your business you should
consult a qualified professional adviser No entity in the Deloitte Network shall be responsible for any loss
whatsoever sustained by any person who relies on this publication
copy 2011 Deloitte Romania